SKELLY v. MARGUS CO. INC.


203 A.D.2d 276 (1994)

609 N.Y.S.2d 349

Elizabeth Skelly et al., Appellants, v. Margus Co., Inc., Respondent

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

April 4, 1994


Ordered that the order is affirmed, with costs.

Process was served upon the wife of one of the officers of the corporate defendant, who allegedly claimed to be a managing agent of the corporation. At the hearing, she testified that she was not associated with the corporation, either as agent or employee. The plaintiffs did not prove that she was a proper person to serve in order to effectuate service on the corporate defendant (cf., Fashion Page v Zurich...

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