Justice Jack Battaglia
In this action seeking enforcement of an agreement between plaintiff’s predecessor and Cathedral Church of St. Lucy’s, plaintiff moved for summary judgment in lieu of complaint, and the church cross-moved for dismissal. Plaintiff submitted an affidavit of service of a process server asserting that service of the summons and notice of motion was made on the church by affixation and mailing under CPLR 308(4). The court found such notice was ineffective in obtaining personal jurisdiction over the church. It noted the church was incorporated under the Religious Corporation Law, thus while alternative methods of service under the Business Corporation Law and Not-for-Profit Corporation Law were generally available, they were unavailable for service on religious corporations. Here, the court found the affidavit of service did not designate the intended recipient of the papers, but that service was made on the church, without identifying it as a corporation, or identifying the address delivered to as its place of business. The court dismissed, noting it was not the affidavit of service, but the method of service that was defective, as personal delivery under CPLR 311(a) was not effectuated.
