Martinez v. Church of St. Gregory

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

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

690 N.Y.S.2d 29

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.