WALLEY v. LEATHERSTOCKING HEALTHCARE, LLC

509835.

79 A.D.3d 1236 (2010)

913 N.Y.S.2d 380

LINDA WALLEY, as Guardian of the Person and Property of KYLIE WALLEY, Appellant, v. LEATHERSTOCKING HEALTHCARE, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 2, 2010.


McCARTHY, J.

Plaintiff brought this action to recover for physical injuries suffered by Kylie Walley, an employee of defendant, as the result of a motor vehicle accident that occurred as Walley was driving home from work. Plaintiff commenced the action and effected service on defendant by serving the Secretary of State on March 25, 2009 (see Business Corporation Law § 306 [b] [1]). Not having received an answer, on May 19, 2009, plaintiff's counsel sent...

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