CLARK v. FIFTY SEVENTH MADISON CORP.


13 A.D.2d 693 (1961)

Emma Clark, as Administratrix of The Estate of Paul G. Clark, Deceased, Respondent, v. Fifty Seventh Madison Corporation et al., Defendants, and Sedgwick Machine Works, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1961


Order reversed, with $10 costs and disbursements; plaintiff's motion to disaffirm the Referee's report denied; and said defendant's motions: (a) to confirm the report, and (b) to vacate the service upon it of the summons and complaint, granted without costs.

The record established that the person to whom the summons and complaint were delivered was not a managing agent or clerk of the said defendant corporation within the...

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