Judge Andrew Tarantino Jr.
Kirschenbaum moved for dismissal of Plycon Transportation’s complaint arguing lack of subject matter and personal jurisdiction in this alleged breach of contract suit. He claimed he was never served with the summons and complaint. Kirschenbaum, an attorney previously licensed in New York, entered into a contract with Plycon to transport personal property from New York to New Mexico. He provided a signed affirmation from himself and his witness, without notarization pursuant to New Mexico rules, which the court rejected stating it was not bound by New Mexico requirements. The court stated absent supporting affidavits, Kirschenbaum’s motion was fatally defective. It found Kirschenbaum was personally served upon a person of suitable age and discretion, worker Bennett, at his place of residence. The court stated, under Miske v. Maher, service was met despite Kirschenbaum’s employee’s refusal to take the papers in hand. It noted that had Kirschenbaum not admitted to delivery of the papers and receipt of the envelope, his arguments that the court lacked subject matter jurisdictions, among other things, may have had merit, but as he transacted business in New York, including the subject contract, prior to moving, the court had jurisdiction over the instant matter.
