Cives Steel Co. v. Unit Builders, Inc.

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered May 15, 1998, which granted plaintiff’s motion pursuant to CPLR 311 (b) for leave to serve Travelers Casualty & Surety Company as successor to defendant’s insurance carrier, Aetna Casualty & Surety Company, in lieu of service upon defendant Unit Builders, Inc., unanimously affirmed, without costs.

The IAS Court properly exercised its discretion in granting plaintiff leave to serve defendant Unit, a defunct corporation, by serving its insurer. Service upon the Secretary of State was not feasible in light of Unit’s voluntary…