Mednicoff v. Lashing

This is a motion to vacate a third party order obtained for the examination in supplementary proceedings of a foreign corporation duly licensed to do business in New York State. The third party contends that it was not properly served. The order directed the corporation, by its managing agent, to appear for examination and was served upon the managing agent of the corporation, as appears from the affidavit of the service of the order. The question is whether a managing agent of a corporation is a proper party to be served. In my opinion the order was improperly served and must be vacated.…