Cives Steel Company v. Unit Builders

Full title: CIVES STEEL COMPANY, Respondent, v. UNIT BUILDERS, INC., Appellant

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

Date published: Jun 17, 1999

262 A.D.2d 164 (N.Y. App. Div. 1999)

692 N.Y.S.2d 65

Opinion

June 17, 1999.

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).

The IAS Court properly exercised its discretion in granting plaintiff leave to serve defendant Unit, a defunct corporation, by serving its insurer. Service upon the Secretary of State was not feasible in light of Unit's voluntary dissolution some three years prior to the, institution of the action against it, and plaintiff was unable to locate a corporate officer who could be served. Under the circumstances, service upon the insurer was the only apparent method reasonably calculated to apprise Unit of the pendency of the action against it ( see, Bossuk v. Steinberg, 58 N.Y.2d 916, 918-919).

Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.