Frankel v. Winter

Order and judgment (one paper) Supreme Court, New York County (Irma Vidal Santaella, J.), entered January 8, 1991, which granted defendants’ motion to confirm a Special Referee’s report recommending dismissal of the action for lack of personal jurisdiction, unanimously affirmed, with costs.

The question of jurisdiction turns first on the credibility of plaintiffs’ process server’s testimony that he delivered the summons to the person described in his affidavit of service, and second, whether such person is the managing agent of the corporate defendant and a person of suitable age and…