Fischer v. Seamen's Church Institute

Appellate Division of the Supreme Court of New York

Fischer v. Seamen's Church Institute

275 A.D.2d 947

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1949·Published

Opinion

In our opinion the papers on appeal establish that there was a sufficiently broad agency or delegation of power by the defendant corporation to the person upon whom the summons was served to constitute him a managing agent of that defendant within the meaning and purview of subdivision 8 of section 228 of the Civil Practice Act. (Barrett v. American Tel. & Tel. Co., 138 N. Y. 491, 493; Taylor v. Granite State Provident Assn., 136 N. Y. 343, 346; Tauza v. Susquehanna Coal Co., 220 N. Y. 259, 270, and cases there cited.) Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See post, pp. 961, 1045.]

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In our opinion the papers on appeal establish that there was a sufficiently broad agency or delegation of power by the defendant corporation to the person upon whom the summons was served to constitute him a managing agent of that defendant within the meaning and purview of subdivision 8 of section 228 of the Civil Practice Act. (Barrett v. American Tel. & Tel. Co., 138 N. Y. 491, 493; Taylor v. Granite State Provident Assn., 136 N. Y. 343, 346; Tauza v. Susquehanna Coal Co., 220 N. Y. 259, 270, and cases there cited.) Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See post, pp. 961, 1045.]

Fischer v. Seamen's Church Institute, 275 A.D.2d 947 (N.Y. Ct. App. 1949).

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Opinion

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