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MEADOWLANDS NAT'L BANK v. TRI-STATE IRON WORKS, INC.

54 A.D.2d 663 (1976)

Meadowlands National Bank, Respondent, v. Tri-State Iron Works, Inc., Appellant, et al., Defendants

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

October 28, 1976

Unanimously reversed, on the law, the action dismissed and severed as against defendant-appellant for the reason set forth herein. Appellant shall recover of respondent $40 costs and disbursements of this appeal.

Service on Albert Miller did not, on this record, constitute service on Tri-State. Plaintiff's repeated claim that Miller was in control and in charge of Tri-State at the time of service upon it, so as to qualify...

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