Opinion
2000-11739
November 19, 2001.
December 10, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Zambelli, J.), dated October 20, 2000, which granted the motion of the defendant Capstone Enterprises pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction and denied its cross motion for leave to amend the complaint.
KUHFAHL and BAILLY, White Plains, N.Y. (JOHN J. BAILLY and BRIAN HEALY of counsel), for appellant.
AHMUTY, DEMERS MCMANUS, Albertson, N.Y. (FREDERICK B. SIMPSON and BRENDAN T. FITZPATRICK of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contentions, proper service was never effectuated upon the corporate defendant Capstone Enterprises because the delivery of the complaint to the Secretary of State misspelled and misstated the name of that defendant (see, Gennosa v. Twinco Servs., 267 A.D.2d 200; Pereira v. Oliver's Rest., 260 A.D.2d 358).
The plaintiff's remaining contention is without merit.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and FEUERSTEIN, JJ., concur.