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M ENTERTAINMENT, INC. v. LEYDIER

13 N.Y.3d 827 (2009)

M ENTERTAINMENT, INC., et al., Appellants, v. LAURENCE LEYDIER, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided October 27, 2009.

Attorney(s) appearing for the Case

Bienstock & Michael, P.C., New York City (Randall S.D. Jacobs of counsel), for appellants.

Satterlee Stephens Burke & Burke LLP, New York City (Christopher R. Belmonte of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

The Appellate Division erred in concluding that plaintiffs' noncompliance with the requirement that mail service be accomplished by mailing "within the state" (see CPLR 2103 [b] [2]; [f] [1]) constituted a "fatal jurisdictional defect" requiring...

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