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Borello v. Trustees of Central Pres. Church

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1996
233 A.D.2d 212 (N.Y. App. Div. 1996)

Opinion

November 19, 1996.

Order of the Appellate Term, of the Supreme Court, First Department (Parness, J.P., McCooe and Glen, JJ.), entered February 22, 1995, which affirmed the order of Civil Court, New York County (Wilfred O'Connor, J.), entered on or about May 25, 1994, granting defendant's motion to dismiss for lack of personal jurisdiction, unanimously affirmed, without costs.

Before: Sullivan, J.P., Ellerin, Tom and Andrias, JJ.


Defendant demonstrated that its worker who was served was not authorized to receive process. There was no competent evidence adduced at the traverse hearing of any inquiry by the process server regarding the authority of the person served, nor was there any indication that the person served made any representation to the process server of having authority to receive service on behalf of the corporate defendant. Moreover, plaintiff failed to demonstrate that defendant had been served "in a manner which, objectively viewed, [was] calculated to give the corporation fair notice" ( Fashion Page v Zurich Ins. Co., 50 NY2d 265, 272). We have considered plaintiffs remaining contentions, and find them to be without merit.


Summaries of

Borello v. Trustees of Central Pres. Church

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1996
233 A.D.2d 212 (N.Y. App. Div. 1996)
Case details for

Borello v. Trustees of Central Pres. Church

Case Details

Full title:RAF BORELLO, Appellant, v. TRUSTEES OF THE CENTRAL PRESBYTERIAN CHURCH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 1996

Citations

233 A.D.2d 212 (N.Y. App. Div. 1996)
650 N.Y.S.2d 525

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