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VICTOR AUTO PARTS v. CUVA

148 Misc.2d 349 (1990)

Victor Auto Parts, Inc., Petitioner, v. William Cuva et al., Respondents.

Supreme Court, Monroe County.

September 10, 1990

Attorney(s) appearing for the Case

Davidson, Fink, Cook & Gates (Michael T. Allen of counsel), for petitioner. Hugh Samuel Silberstein for respondents.

DAVID O. BOEHM, J.

Is an assumed name, under which someone does business, a separate entity for purposes of legal process? Strangely, given the many years that businesses have operated under assumed names, no guidance is offered in case law or legal treatises whether a corporation doing business under an assumed name must be designated and served in its corporate name, or whether it is sufficient to name and serve it under its assumed name.

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