McCoy v. Erie Forge & Steel Co.

Headnote

Process — service of process without state upon foreign corporation — when delivery to director and managing agent sufficient.

McCoy v. Erie Forge & Steel Co., 201 App. Div. 570 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1922, which affirmed an order of Special Term denying a motion to vacate the service of the summons and complaint in the above-entitled action, alleged to have been made upon the appellant herein and to vacate a warrant of attachment issued against its property. Service upon appellant, a foreign corporation, was made without the state, by delivery of a copy of the summons and complaint to one of its directors who was also assistant to the president and managing agent. The order for publication of the summons provided that in lieu of publication, service could be made “ without the state upon such officers of said defendant, Erie Forge Company, a,s are specified in section 229 of the Civil Practice Act.” The Appellate

Division held that the reference to section 229 was clearly error which might be disregarded and that service made pursuant to the requirements of section 228 in the case of a domestic corporation within this state was sufficient.

The following question was certified: “ Was valid service of the summons herein made upon the appellant? ”