Belofatto v. Marsen Realty Corp.

After a hearing on the defendants’ motion to dismiss the complaint on the grounds of improper service, I find that the service was legally sufficient and that the motion must be dismissed.

Factually, a very sharp issue was posed by the conflicting testimony of the process server and Frank Gilbert, “ the managing agent,” whose service is disputed.

I accept as fundamentally correct the testimony of the process server who said substantially the following: On June 24, 1969, he went to the offices of the defendants (interlocking corporations who occupy adjoining offices) where he stated his purpose…