H. K. Webster Stores of N. Y., Inc. v. Sunnyside Up, Inc.

Appeal from so much of an order of the Supreme Court at Special Term, entered September 9, 1976 in Sullivan County, as denied defendant’s cross motion to dismiss and struck defendant’s affirmative defense of lack of jurisdiction from its amended answer. The summons and complaint herein were originally served on May 18, 1974. Defendant served motion papers contending the summons and complaint were improperly served on the general manager of the operator of a poultry hatchery on premises owned by Max and Beatrice Brender. The plaintiff claimed the papers had been served on Max Brender. Before…