MICARELLI v. REGAL APPAREL LTD.


52 A.D.2d 524 (1976)

Frank Micarelli, Appellant, v. Regal Apparel Ltd., Respondent

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

April 1, 1976


In this action to recover commissions, plaintiff served a summons with notice upon the Secretary of State, pursuant to CPLR 311 (subd 1) and subdivision (b) of section 306 of the Business Corporation Law. Due to a staff error, the summons was not mailed to the defendant. Contrary to defendant's assertions, Special Term reached the right result for the right reason. Service of process was complete when the Secretary of State was served. (Cascione v Acme Equip. Corp.

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