Justice Linda Jamieson
RDI Enterprises moved to dismiss the complaint arguing lack of jurisdiction in an action involving a long-term relationship between RDI, a Florida-based recruiting firm, and Premier Staffing Services (PSS), its New York-based client. PSS served a summons and complaint on RDI at its registered agent’s mailing address in Florida by overnight mail, via Federal Express. RDI argued dismissal for lack of jurisdiction based on the overnight mail service was warranted. PSS claimed that Federal Express service was permitted under Colucci & Umans v. 1 Mark Inc. Yet, the court stated the service envisioned under CPLR 311(1) on a corporate officer was in-hand service on the specified officer. It stated PSS’ attorney should assume that §311(a)(1) required in-hand service on one of the individuals listed, noting the statute set forth only three ways to serve a corporation like RDI, and found PSS did not use any of the provisions of Business Corporation Law §§306 or 307. It concluded that "delivery" under §311(a)(1) required the summons and complaint be handed to an actual authorized officer, director or other person within the statute, ruling overnight mailing via Federal Express was inadequate. Thus, service was invalid and the action dismissed.
