Flick v. Stewart-Warner Corp.

Appeal from that part of an order of the Supreme Court (Ford, J.), entered April 4, 1988 in Saratoga County, which denied defendant’s motion to dismiss the summons with notice.

On January 4, 1985, plaintiff sustained injuries to his hand when a grease hose allegedly manufactured by defendant failed to operate properly. After various correspondence between plaintiff’s attorneys and defendant failed to resolve their differences, plaintiff, on August 17, 1987, personally served two copies of a summons with notice on the Secretary of State. This service, as indicated in the Secretary of State’s…