Legal Opinion

Stockwicz v. Corning Community College

New York Supreme Court

Decided April 12, 1977PublishedCited by 4 opinions

1Opinion of the CourtElizabeth W. Pine, J.

Plaintiff has attempted to commence an action against Corning Community College, with venue set in the County of Rensselaer, by service upon the president of the college.

Defendant has moved to set aside service of the summons as improper on the ground that defendant has no corporate existence, that the proper defendant is its local sponsor, the Corning City School District, and that the individual served is not a proper person on whom service against the school district may be made, and, in the alternative, for a change of venue under CPLR 504 (subd 2).

The threshold question which must be…

2Cases cited5 opinions

  1. Weinstein v. CasoAppellate Division of the Supreme Court of the State of New York · 1974
  2. Brown v. North Country Community CollegeNew York Supreme Court · 1970
  3. Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New YorkNew York Court of Appeals · 1973
  4. Board of Trustees of Common School District No. 2 v. Commissioner of EducationAppellate Division of the Supreme Court of the State of New York · 1972
  5. Horacek-Hayden, Inc. v. County of MonroeNew York Supreme Court · 1970

3Cited by4 opinions

  1. Butterfield v. Board of Trustees of Schenectady County Community CollegeAppellate Division of the Supreme Court of the State of New York · 1987
  2. Amato v. StateNew York Court of Claims · 1986
  3. Stockwicz v. Board of Trustees of Corning Community CollegeAppellate Division of the Supreme Court of the State of New York · 1978
  4. Opn. No., New York Attorney General Reports1977

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