Birkenwald v. May Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, May Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of September, 1917, denying its motion to vacate the service of the summons and complaint herein.
1Opinion of the Court
Smith, J.:
In an action sought to be commenced against the defendant service was made upon one E. M. Spstman. From the proof of service it is apparent that the summons was served “by delivering to and leaving personally with Mr. Sostman, general representative and an officer of said corporation, a *659true copy thereof. Deponent further says that he knew the person he served as aforesaid to be an officer in said defendant corporation.” It now appears that Sostman was not an officer of said defendant corporation, but the service is sought to be sustained upon the ground that Sostman was the…
2Cited by3 opinions
- Commissioners of the State Insurance Fund v. Singer Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Seldin v. Caledonian InsuranceNew York Supreme Court · 1923
- De Santa v. Nehi Corp.District Court, N.D. New York · 1948