Opinion
Argued December 1, 2000.
December 27, 2000.
In an action, inter alia, to recover damages for false imprisonment, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), entered August 11, 1999, which, inter alia, granted the defendants' motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against the defendant Ahmed "Sam" Elsayed on the ground that jurisdiction was not acquired over that defendant.
Gary R. DeFilippo, Staten Island, N.Y., appellant pro se.
Lester Schwab Katz Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Since the plaintiff failed to comply with CPLR 308(2), the purported service of the summons was ineffective to acquire jurisdiction over the defendant Ahmed "Sam" Elsayed (see, Macchia v. Russo, 67 N.Y.2d 592; Feinstein v. Bergner, 48 N.Y.2d 234; Citibank, N.A. v. Harris, 264 A.D.2d 377; Wern v. D'Alessandro, 219 A.D.2d 646, 647). Accordingly, the Supreme Court properly granted the defendants' motion to dismiss the complaint insofar as asserted against that defendant.