Legal Opinion · Dissent
Sullivan Realty Organization, Inc. v. Syart Trading Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1979Published
1Dissent
Damiani, J. P. (dissenting).
The majority has concluded that service of process upon a secretary-receptionist employed by a corporation confers in personam jurisdiction upon the corporation. The exact ground upon which this conclusion is based is unclear, but it appears to be either that since Rose Toro was left in charge of the office in the absence of the corporate principals, she was a "managing agent” within the meaning of CPLR 311 (subd 1), or that the failure of responsible corporate officers to instruct her not to accept process "raised a strong inference that she had the authority to…
2Cases cited24 opinions
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- F. I. duPont, Glore Forgan & Co. v. ChenNew York Court of Appeals · 1977
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
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