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Polacsek v. American Iron & Steel Mfg. Co.

149 N.Y.S. 372 Court N.Y. App. Div. Decision date 1914-10-16 Docket No. 6164 English

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p. 372
POLACSEK v. AMERICAN IRON & STEEL MFG. CO.
(No. 6164.)
(Supreme Court, Appellate Division, First Department.
October 16, 1914.)

Headnote

Corporations (§ 507[1] ) — Actions—Process—Validity oe Service.
Where the person served with the summons was in no sense the managing agent oí the defendant company, the attempted service was imperfect.
[Ed. Note. — For other cases, see Corporations, Cent. Dig. §§ 1971-1974, 1976-2000; Dec. Dig. § 507.*]
Ingraham, P. J., dissenting.
Appeal from Special Term, New York County.
Action by John Polacsek against the American Iron & Steel Manufacturing Company. From an order denying a motion to vacate service of summons, defendant appeals.
Order reversed, and motion granted.
Argued before INGRAHAM, P. J., and McLAUGHRIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
Henry B. Corey, of New York City, for appellant.
L. B. Treadwell, of New York City, for respondent.

It is quite apparent that the person served with the summons was in no sense the managing agent of the defendant, and the attempted service was therefore imperfect.

The order appealed from is therefore reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

INGRAHAM, P. J., dissents.