Singer v. Black & Decker Manufacturing Co.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is a products liability action commenced in New York’s Supreme Court and transferred to this Court. Now presented is the question whether, under section 307 of New York’s Business Corporation Law (“BCL”), service of process upon the Secretary of State within the two-year period prescribed by statute for commencing wrongful death actions constitutes effective service of process sufficient to toll the running of the period set forth in the applicable statute of limitations when the defendant is a foreign corporation unauthorized to conduct…