NOAH BANK v. HUDSON PRODUCE, INC.

6598N, 650212/16.

161 A.D.3d 573 (2018)

78 N.Y.S.3d 295

2018 NY Slip Op 03630

Noah Bank, Appellant, v. Hudson Produce, Inc., Respondent.

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

Decided May 17, 2018.


Since defendant is a corporation, CPLR 311 (a) (1) governs the method of service in this action. It is undisputed that both service of the complaint and of plaintiff's motion papers seeking a default judgment were personally delivered to an employee of defendant, whom the corporate defendant's principal asserts was not authorized to accept service. Thus an issue of fact is raised as to whether plaintiff validly served defendant pursuant to CPLR 311 (a) (1). Accordingly, a...

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