Legal Opinion
Oustecky v. Farmingdale Lanes, Inc.
New York Supreme Court
Decided January 30, 1964PublishedCited by 5 opinions
1Opinion of the CourtMario Pittoni, J.
Defendant’s motion to set aside the service of the summons allegedly served April 19, 1962 is granted.
This motion was motivated by written correspondence initiated by the plaintiff on November 1, 1963. The defendant disclaims knowledge of service upon it and claims that any service was upon one not authorized to receive it, either under section 228 of the Civil Practice Act or under section 311 of the Civil Practice Law and Buies.
*980On the evidence before me, the employee who was served was not a managing or general agent. He had no executive duties and the defendant had another person who was…
2Cases cited4 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Russell v. Washington Life InsuranceNew York Supreme Court · 1909
- Petrillo v. LynnAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by5 opinions
- Cooney v. Barry School of LawDistrict Court, E.D. New York · 2014
- Weiss v. Glatt Pack Kosher, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Scheib v. CurranAppellate Division of the Supreme Court of the State of New York · 1996
- Ohserase Manufacturing LLC v. Aiger Group AG Switzerland, d/b/a Aiger Engineering Ltd.District Court, N.D. New York · 2026
- Sullivan Realty Organization, Inc. v. Syart Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1979