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WHITBECK v. ERIN'S ISLE, INC.

109 A.D.2d 1032 (1985)

Richard Whitbeck et al., Respondents, v. Erin's Isle, Inc., Appellant

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

March 28, 1985

Weiss, J.

The facts are relatively simple. Plaintiffs, unable to effect personal service of process upon defendant in an action to recover damages for personal injuries allegedly sustained December 24, 1981 as the result of a fall by plaintiff Richard Whitbeck in the parking lot outside defendant's tavern, effected service upon the Secretary of State on May 5, 1982 pursuant to Business Corporation Law § 306 (b). After the copy of the process sent...

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