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Central Savannah River Area v. White Eagle

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 742 (N.Y. App. Div. 1985)

Opinion

April 15, 1985

Appeal from the Supreme Court, Nassau County (Christ, J.).

Appeals from the orders dismissed ( see, Matter of Aho, 39 N.Y.2d 241, 248).


Judgment affirmed.

The respondent is awarded one bill of costs.

Despite the provisions of CPLR 5511, an appeal lies from the default judgment dated December 13, 1983, but review is limited to matters which were the subject of contest before Special Term ( Katz v. Katz, 68 A.D.2d 536; James v. Powell, 19 N.Y.2d 249).

We find that plaintiff's process server acted reasonably, and with due diligence, under all the circumstances present here, and that the manner of service, objectively viewed, was calculated to, and did, give the corporate defendant fair notice of the commencement of this action ( Fashion Page v. Zurich Ins. Co., 50 N.Y.2d 265; CPLR 311; see also, Belofatto v. Marsen Realty Corp., 62 Misc.2d 922). If the summons was served on the wrong person, the fault lies with the corporation and not with the process server, who made the appropriate inquiries and did all that he should be expected to do to see that the corporation was properly served ( Fashion Page v. Zurich Ins. Co., supra, at p 274). Moreover, assuming, arguendo, that the corporate defendant's default was excusable because it was based on a good-faith belief that it had not been properly served, said defendant failed to make a prima facie showing of a meritorious defense to this action. Accordingly, Special Term properly determined that the corporate defendant was not entitled to vacatur of the default pursuant to CPLR 5015 ( see, e.g., Weber v. Victory Mem. Hosp., 98 A.D.2d 719). Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

Central Savannah River Area v. White Eagle

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 742 (N.Y. App. Div. 1985)
Case details for

Central Savannah River Area v. White Eagle

Case Details

Full title:CENTRAL SAVANNAH RIVER AREA RESOURCE DEVELOPMENT AGENCY, INC., Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1985

Citations

110 A.D.2d 742 (N.Y. App. Div. 1985)

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