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PENA v. R & B TRANSPORTATION

7213, 106041/07.

93 A.D.3d 601 (2012)

940 N.Y.S.2d 867

2012 NY Slip Op 2389

FANNY PENA, Appellant, v. R & B TRANSPORTATION et al., Respondents.

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

Decided March 29, 2012.

Defendant R & B is a federally regulated motor carrier, covered by the Motor Carrier Act of 1935. Pursuant to that act, it appointed an agent for service of process in New York (49 USC § 13304). The IAS court adopted the referee's finding that this was not a consent to jurisdiction over R & B in New York. This was error. We have previously addressed this precise question, and found that the appointment of an agent under the act is consent to suit in this state...

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