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Martinez v. Church of St. Gregory

Appellate Division of the Supreme Court of New York, First Department
May 11, 1999
261 A.D.2d 179 (N.Y. App. Div. 1999)

Summary

holding service on receptionist improper where he never said he was authorized to accept service

Summary of this case from Jumpp v. Jerkins

Opinion

May 11, 1999

Appeal from the Supreme Court, New York County (Carol Huff, J.).


No reason appears for disturbing the Special Referee's credibility finding that defendant's employee, a 16-year-old part-time receptionist, never stated to plaintiff's process server that he was authorized to accept service of process on defendant's behalf ( see, Nager v. Panadis, 238 A.D.2d 135). Nor does it appear why the process server should have otherwise supposed that the receptionist was authorized to accept service of process ( see, Fashion Page v. Zurich Ins. Co., 50 N.Y.2d 265, 273), or that a person who was so authorized was resisting service ( cf., Austrian Lance Stewart v. Rockefeller Ctr., 163 A.D.2d 125, 128-129). It does not avail plaintiff that the receptionist immediately delivered the process to an authorized person ( see, Fashion Page v. Zurich Ins. Co., supra).

Concur — Sullivan, J. P., Williams, Wallach, Rubin and Mazzarelli, JJ.


Summaries of

Martinez v. Church of St. Gregory

Appellate Division of the Supreme Court of New York, First Department
May 11, 1999
261 A.D.2d 179 (N.Y. App. Div. 1999)

holding service on receptionist improper where he never said he was authorized to accept service

Summary of this case from Jumpp v. Jerkins
Case details for

Martinez v. Church of St. Gregory

Case Details

Full title:MARIA MARTINEZ, Appellant, v. CHURCH OF ST. GREGORY, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 11, 1999

Citations

261 A.D.2d 179 (N.Y. App. Div. 1999)
690 N.Y.S.2d 29

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