From Casetext: Smarter Legal Research

Fwu Chyuang Chow v. Kenteh Enterprises Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 572 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


In this personal injury action against a corporate defendant, service of process on the attorney who caused the certificate of incorporation to be filed, and who is listed as the person to whom the Secretary of State shall mail a copy of process served on the Secretary of State, was insufficient to acquire personal jurisdiction over the defendant. The attorney was not a person authorized to accept service (see, CPLR 311), nor was the Secretary of State served. Further, cases such as Fashion Page v Zurich Ins. Co. ( 50 N.Y.2d 265), and the other authorities relied upon by plaintiff, are clearly inapposite, since the process server here did not rely upon any conduct, procedure, or representation made by the attorney, but had in fact been instructed by his superiors to make service on the attorney. We decline to consider the remaining argument, that plaintiff is entitled to a jury trial on this issue, which is raised for the first time on appeal.

Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

Fwu Chyuang Chow v. Kenteh Enterprises Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 572 (N.Y. App. Div. 1991)
Case details for

Fwu Chyuang Chow v. Kenteh Enterprises Corp.

Case Details

Full title:FWU CHYUANG CHOW et al., Appellants, v. KENTEH ENTERPRISES CORP.…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 572 (N.Y. App. Div. 1991)
564 N.Y.S.2d 426

Citing Cases

Williams v. DRBX Holdings, LLC

In attempting to serve process on defendant, a foreign limited liability company authorized to do business in…

Robert K. Lesser Living Tr. v. United Secular Am. Ctr. for the Disabled, Inc.

Although United further contends that service of process on the Secretary of State did not confer personal…