Legal Opinion · Concurrence

Fashion Page, Ltd. v. Zurich Insurance

New York Court of Appeals

Decided April 29, 1980Published

1ConcurrenceGabrielli, J.

I concur in result, since I agree that the Appellate Division did not err in concluding, upon the record before it, that Mrs. Robertson was impliedly appointed an agent for purpose of receiving service of process upon the corporation (CPLR 311, subd 1; cf. 318). Because an affirmance can be premised upon this well-established statutory ground in accord with traditional principles of law, it is inappropriate and unnecessary for the court to engage in an expansive discussion of principles of due diligence that have little or no application to this type of service of process.

I find the…

2Cases cited5 opinions

  1. McDonald v. Ames Supply Co.New York Court of Appeals · 1968
  2. Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
  3. Gumperz v. HofmannNew York Court of Appeals · 1936
  4. Ives v. DarlingAppellate Division of the Supreme Court of the State of New York · 1924
  5. Isaf v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1969

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API