Lunn v. Holiday Corp.

Appellate Division of the Supreme Court of New York

Lunn v. Holiday Corp.

167 A.D.2d 818, 563 N.Y.S.2d 691, 1990 N.Y. App. Div. LEXIS 14355

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1990·Published·Cited by 3 cases

Opinions

Case held, decision reserved and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Resolution of this appeal requires a determination whether Manfred Stumpf, to whom the summons and complaint in this action were delivered on October 1, 1987, is a person authorized within the meaning of CPLR 311 (1) to accept service on behalf of Columbia Sussex Corporation. The matter is remitted to Supreme Court for a hearing and determination of that issue.

All concur, except Boomer, J., who dissents and votes to reverse and dismiss the complaint, in the following memorandum.

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Case held, decision reserved and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Resolution of this appeal requires a determination whether Manfred Stumpf, to whom the summons and complaint in this action were delivered on October 1, 1987, is a person authorized within the meaning of CPLR 311 (1) to accept service on behalf of Columbia Sussex Corporation. The matter is remitted to Supreme Court for a hearing and determination of that issue.

All concur, except Boomer, J., who dissents and votes to reverse and dismiss the complaint, in the following memorandum.

Lunn v. Holiday Corp., 167 A.D.2d 818, 563 N.Y.S.2d 691, 1990 N.Y. App. Div. LEXIS 14355 (N.Y. Ct. App. 1990).

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