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McDonald v. Ames Supply Co.

27 A.D.2d 559 Court N.Y. App. Div. Decision date 1966-12-19 English

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p. 559
John J. McDonald, Plaintiff, v. Ames Supply Co., Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Aerosol Research Co., Third-Party Defendant-Respondent.

Order of the Supreme Court, Kings County, dated May 19, 1966, affirmed, without costs. The third-party summons

p. 560
and complaint, which were left with a building receptionist who thereafter delivered them to the respondent corporation’s sales manager, were not delivered to a person authorized to receive service on behalf of a corporation (CPLR 311, subd. 1; cf. Ziembicki v. Mott Improvement Corp., 18 A D 2d 926 ; Clark v. Fifty Seventh Madison Corp., 13 A D 2d 693 ). Beldock, P. J., TJghetta, Christ, Hill and Benjamin, JJ., concur.