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SHELDON v. KIMBERLY-CLARK CORP.

111 A.D.2d 912 (1985)

Floyd Sheldon, Respondent-Appellant, v. Kimberly-Clark Corporation, Appellant-Respondent, et al., Defendants, and Schweitzer Division of Kimberly-Clark Corporation, Respondent

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

June 24, 1985

Order dated May 22, 1984 affirmed and order dated December 14, 1983 affirmed insofar as appealed from, without costs or disbursements.

Since the unincorporated Schweitzer Division of defendant Kimberly-Clark Corporation is not a jural entity amenable to suit in its own right, its joinder herein was improper and its failure to answer the complaint cannot, therefore, give rise to a default in appearance (cf. Provosty v Lydia E. Hall Hosp.,

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