Opinion
No. 4413.
March 3, 2011.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 12, 2010, which granted so much of third-party defendant Burlington Insurance Company's motion for summary judgment as sought to dismiss the third-party complaint as against it and denied third-party plaintiff Port Parties, Ltd.'s cross motion for summary judgment, unanimously modified, on the law, to declare that Burlington has no obligation to defend or indemnify third-party plaintiff Port Parties, Ltd. in the first-party action, and otherwise affirmed, without costs.
Quinn McCabe LLP, New York (Christopher P. McCabe of counsel), for appellant.
Lazare Potter Giacovas LLP, New York (Yale Glazer of counsel), for respondent.
Before: Saxe, J.P., Sweeny, Catterson, Freedman and Román, JJ.
The motion court properly charged Port Parties with knowledge of plaintiffs claim as of May 15, 2008. Service of process on Port Parties was "complete" when the summons and complaint were personally served upon an authorized agent of the Secretary of State on that date (Business Corporation Law § 306 [b] [1]; CPLR 311). Port Parties' contention that it did not actually receive the copy mailed to it by the Secretary of State is unsupported by the record and, in any event, unavailing. Business Corporation Law § 306 (b) (1) does not make completion of service contingent upon the Secretary of State's mailing ( see Flick v Stewart-Warner Corp., 76 NY2d 50, 56-57).
We have considered Port Parties' remaining arguments and find them unavailing.