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Silverstein v. Emblem Realty Co.

128 N.Y.S. 655 Court N.Y. App. Term Decision date 1911-04-08 English

Delivered by BIJUR, J.

Contents

Majority

p. 655
SILVERSTEIN v. EMBLEM REALTY CO.
(Supreme Court, Appellate Term.
April 8, 1911.)

Headnote

Corporations (§ 507*)—Actions—Service of Process.
Where the summons in an action against a corporation was served on one who had been, but who was not at the time of service, an officer of the corporation, and the officers of the corporation at the time were not served, the corporation was not sufficiently served.
[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 1971-2000; Dec. Dig. § 507.*]
Appeal from Municipal Court, Borough of Manhattan, Second District.
p. 656
Action by Abraham Silverstein against the Emblem Realty Company. From a judgment for plaintiff, taken upon an inquest, defendant appeals.
Reversed and dismissed.
Argued before SEABURY, LEHMAN, and BIJUR, JJ.
Isaac Cohen, for appellant.
Charles S. Rosenthal, for respondent.

This appeal is taken under section 311 of the Municipal Court act on affidavits, and the sole question presented is whether or not the defendant was served with a summons in the action.

It appears to be undisputed that the person served, while at one time an officer of the defendant corporation, was not such at the time of service, and that the only two officers of the corporation at that time were not served.

The judgment must therefore be reversed, and the complaint dismissed, with costs to appellant. All concur.