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COLLINS v. EBASCO CONSTRUCTORS TRIGEN ENERGY CORP.

243 A.D.2d 335 (1997)

664 N.Y.S.2d 587

Stephen Collins, Plaintiff, v. Ebasco Constructors Trigen Energy Corp. et al., Defendants. Ebasco Constructors, Inc., Third-Party Plaintiff, v. Cives Steel Company, Third-Party Defendant-Appellant, et al., Third-Party Defendant Cives Steel Company, Fourth-Party Plaintiff-Appellant, et al., Fourth-Party Defendant

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

October 21, 1997

Expedient service under CPLR 308 (5), which is allowable only "upon a natural person", is unavailable against a corporation regardless of the impracticability of service under CPLR 311 (a) (1) (LTD Trading Enters. v Vignatelli, 176 A.D.2d 571), or, as appellant asserts, the impossibility of service through the Secretary of State because of the corporation's dissolution. Appellant's argument...

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