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COVILLION v. TRI STATE SERVICE CO., INC.

48 A.D.3d 399 (2008)

851 N.Y.S.2d 645

STEVEN COVILLION, Appellant, v. TRI STATE SERVICE CO., INC., et al., Defendants, and BISHAMON INDUSTRIES CORPORATION, Respondent.

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

Decided February 5, 2008.

Ordered that the order is affirmed, with costs.

The affidavit of the plaintiff's process server showed that on May 5, 2004 the plaintiff attempted to serve the summons and complaint on the defendant Bishamon Industries Corporation (hereinafter Bishamon), by delivering a copy to one of its employees, Eric Nash. This employee, a customer service representative, stated that he had never been authorized to accept process on behalf of Bishamon. Although the plaintiff's...

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