PRYOR v. WITTER

7971N, 107095/09.

96 A.D.3d 572 (2012)

946 N.Y.S.2d 573

2012 NY Slip Op 4935

SHERRY PRYOR et al., Respondents, v. INGER K. WITTER, Individually and as Trustee of the MARITAL ELECTION TRUST I, et al., Appellants.

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

June 19, 2012.


Personal jurisdiction was obtained over Witter Inc. by plaintiffs' delivery of a copy of the summons and complaint to the office of the Secretary of State in accordance with Business Corporation Law § 306 (b) (see Micarelli v Regal Apparel, 52 A.D.2d 524 [1976]). However, the record shows that Witter Inc. did not receive notice of the action from the Secretary of State, inasmuch as...

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