FRANKEL v. WINTER


180 A.D.2d 549 (1992)

Martin E. Frankel et al., Appellants, v. Jerry Winter et al., Respondents

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

February 25, 1992


The question of jurisdiction turns first on the credibility of plaintiffs' process server's testimony that he delivered the summons to the person described in his affidavit of service, and second, whether such person is the managing agent of the corporate defendant and a person of suitable age and discretion at the individual defendant's actual place of business. At the hearing, plaintiffs' process server's testimony was contradicted by a disinterested witness, who testified...

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