Skelly v. Margus Co., Inc.

Full title: ELIZABETH SKELLY et al., Appellants, v. MARGUS Co., INC., Respondent

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

Date published: Apr 4, 1994

203 A.D.2d 276 (N.Y. App. Div. 1994)

609 N.Y.S.2d 349

Opinion

April 4, 1994

Appeal from the Supreme Court, Suffolk County (Gowan, J.).

Ordered that the order is affirmed, with costs.

Process was served upon the wife of one of the officers of the corporate defendant, who allegedly claimed to be a managing agent of the corporation. At the hearing, she testified that she was not associated with the corporation, either as agent or employee. The plaintiffs did not prove that she was a proper person to serve in order to effectuate service on the corporate defendant (cf., Fashion Page v Zurich Ins. Co., 50 N.Y.2d 265). Therefore, we find that the court did not err in granting the defendant's motion to dismiss the complaint for lack of personal jurisdiction. Mangano, P.J., Miller, Hart and Florio, JJ., concur.