Opinion
Index No. 652320/2021
10-11-2022
Bravia Capital Hong Kong Limited, Plaintiff, v. HNA Group Co., Limited, HNA GROUP NORTH AMERICA LLC, Defendant.
Unpublished Opinion
Robert R. Reed, J.
The following e-filed documents, listed by NYSCEF document number (Motion 002) 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 were read on this motion to/for STRIKE PLEADINGS.
Defendants HNA Group Co., Limited and HNA Group North America LLC move for an order pursuant to CPLR 312-a(b) striking plaintiff Bravia Capital Hong Kong Limited's ("Bravia") affirmation of service and its exhibit (NYSCEF Doc. No. 4 and 5) or, in the alternative, extending defendants' time to respond to the complaint. Defendants claim they were not properly served.
In a payment and indemnity agreement dated August 20, 2019, the parties agreed that service by U.S. registered mail to the addresses set forth in the agreement would constitute effective service of process. The affidavit of service and its exhibit are evidence that plaintiff served defendants in accordance with the agreement. Service was complete upon the mailing of the summons and complaint on April 14, 2021 (14 Second Ave. Realty Corp. v. Szalay, 16 A.D.2d 919, 919 [1st Dept 1962] ["(s)ervice by mail is complete regardless of delivery where the mailing itself complies with all requisites"]).
There is no basis to strike the affidavit of service or its exhibit. Defendants have not provided any facts that contradict the affidavit of service or its exhibits. In accordance with CPLR 320(a), defendants were required to make an appearance within 30 days after service was complete, or May 14, 2021.
On March 1, 2022, plaintiffs filed a second amended complaint (NYSCEF Doc. No. 148).
Accordingly, it is
ORDERED that defendants' motion is denied as moot, without prejudice.