Mastan v. Desormeau Dairy-Vend Service, Inc.

Appeal from an order of the Supreme Court at Special Term which denied the motion of third-party defendant, a foreign corporation, to set aside the service of the summons on the ground that the person to whom it was delivered was not defendant’s “ managing agent ” (Civ. Prae. Act, § 229, subd. 3). The test is whether the relationship is such as to justify the inference that notice given to the agent will be transmitted to the principal. (Tama v. Susquehanna Goal Co., 220 N. Y. 259; Matter of Biddle Purchasing Co. v. Yung Using Trading Corp., 238 App. Div. 264; Ameritex Development Corp. v.…