Miller v 21st Century Fox Am., Inc. |
2020 NY Slip Op 01311 [180 AD3d 608] |
February 25, 2020 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Tyler B. Miller, Appellant, v 21st Century Fox America, Inc., Respondent. |
Tyler B. Miller, appellant pro se.
Mintz & Gold LLP, New York (Kevin M. Brown of counsel), for respondent.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 22, 2019, which denied plaintiff's motion for a default judgment, and sua sponte dismissed the complaint for lack of personal jurisdiction due to improper service, unanimously affirmed, without costs.
The court properly denied plaintiff's motion and sua sponte dismissed the complaint for lack of personal jurisdiction, as plaintiff failed to demonstrate proper service of the summons and complaint (see De Zego v Donald F. Bruhn, M. D., P. C., 67 NY2d 875 [1986]; Klein v Educational Loan Servicing, LLC, 71 AD3d 957, 958 [2d Dept 2010]). Service by certified mail to the corporate defendant's address, alone, is not a proper means of service (see e.g. CPLR 311 [a] [1]; 312-a [a]; Business Corporation Law § 306).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Renwick, J.P., Mazzarelli, Moulton, González, JJ.