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RODRIGUEZ v. DIXIE N.Y.C., INC.

26 A.D.3d 199 (2006)

810 N.Y.S.2d 34

JOSE RODRIGUEZ, Appellant-Respondent, v. DIXIE N.Y.C., INC., Doing Business as McFADDEN'S SALOON, Respondent, et al., Defendant. 825 SECOND AVENUE RESTAURANT CORP., Nonparty Respondent-Appellant.

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

February 9, 2006.

While the corporation actually served, defendant Restaurant Corp., is separate from nonparty respondent Dixie, the corporations share the same address, the same owner, the same corporate counsel and the same insurer. It is undisputed that corporate counsel for both corporations received the summons and complaint, and since Restaurant Corp. does business under the name of "Calico Jacks," while "McFadden's Saloon" (McFadden's), the...

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