TODARO v. WALES CHEM. CO.


173 A.D.2d 696 (1991)

Maria V. Todaro, Individually and as Administratrix of The Estate of Carla F. Todaro, Deceased, et al., Respondents, v. Wales Chemical Co. et al., Defendants, and Barre National, Inc., et al., Appellants

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

May 28, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was to strike the appellant's affirmative defenses based upon improper service of process and the Statute of Limitations are denied, and the appellants' cross motion to dismiss the fifth cause of action is granted.

Contrary to the plaintiff's contentions, the service of process upon a person employed as a manufacturing clerk and relief switchboard...

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