The Special Referee's finding that defendant was not served in accordance with CPLR 311 has ample support in the record, including, in particular, the testimony of the person to whom the process was allegedly delivered. In this regard, there is simply no persuasive countervailing evidence to support plaintiffs' assertion that such person had the authority, or apparent authority, to accept service (see, Todaro v Wales Chem. Co.,
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AMERICAN FEDERAL GROUP, LTD. v. UNION CHELSEA NATIONAL BANK
279 A.D.2d 433 (2001)
721 N.Y.S.2d 2
AMERICAN FEDERAL GROUP, LTD., et al., Appellants, v. UNION CHELSEA NATIONAL BANK, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 30, 2001.
Decided January 30, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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