Belluardo v. Nationwide Insurance

Appellate Division of the Supreme Court of New York

Belluardo v. Nationwide Insurance

231 A.D.2d 661, 647 N.Y.S.2d 977, 1996 N.Y. App. Div. LEXIS 9702

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1996

StatusPublished

Cited by3 cases

This text of 231 A.D.2d 661 (Belluardo v. Nationwide Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Belluardo v. Nationwide Insurance, 231 A.D.2d 661, 647 N.Y.S.2d 977, 1996 N.Y. App. Div. LEXIS 9702 (N.Y. Ct. App. 1996).

Pincite

Opinion

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated August 11, 1995, which, after a hearing, dismissed the defendant’s affirmative defense of lack of personal jurisdiction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the plaintiff’s process server acted reasonably and with due diligence under the circumstances here, and that the manner of service, objectively [662]*662viewed, was calculated to give and did give the corporate defendant fair notice of the commencement of this action (see, Fashion Page v Zurich Ins. Co., 50 NY2d 265, 271-273). "Reliance may be based on the corporate employees to identify the proper person to accept service” (Fashion Page v Zurich Ins. Co., supra, at 272). If, as the defendant contends, the summons has been 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 she should be expected to do to see that the corporation was properly served (see, Fashion Page v Zurich Ins. Co., supra, at 271-273; Martin v Archway Inn, 164 AD2d 843, 845; Peck v Maria Regina Church, 160 AD2d 854, 855; Central Savannah Riv. Area Resource Dev. Agency v White Eagle Intl., 110 AD2d 742).

The defendant’s remaining contentions are without merit. Copertino, J. P., Goldstein, McGinity and Luciano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated August 11, 1995, which, after a hearing, dismissed the defendant’s affirmative defense of lack of personal jurisdiction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the plaintiff’s process server acted reasonably and with due diligence under the circumstances here, and that the manner of service, objectively [662]*662viewed, was calculated to give and did give the corporate defendant fair notice of the commencement of this action (see, Fashion Page v Zurich Ins. Co., 50 NY2d 265, 271-273). "Reliance may be based on the corporate employees to identify the proper person to accept service” (Fashion Page v Zurich Ins. Co., supra, at 272). If, as the defendant contends, the summons has been 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 she should be expected to do to see that the corporation was properly served (see, Fashion Page v Zurich Ins. Co., supra, at 271-273; Martin v Archway Inn, 164 AD2d 843, 845; Peck v Maria Regina Church, 160 AD2d 854, 855; Central Savannah Riv. Area Resource Dev. Agency v White Eagle Intl., 110 AD2d 742).

The defendant’s remaining contentions are without merit. Copertino, J. P., Goldstein, McGinity and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

231 A.D.2d 661, 647 N.Y.S.2d 977, 1996 N.Y. App. Div. LEXIS 9702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belluardo-v-nationwide-insurance-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack