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Glasser v. Kaswol Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1991
176 A.D.2d 858 (N.Y. App. Div. 1991)

Opinion

October 21, 1991

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the appeal from the order and judgment dated January 2, 1990, is dismissed, as the order and judgment was superseded by the order dated March 14, 1990, made upon renewal; and it is further,

Ordered that the order dated March 14, 1990, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court properly determined that he had failed to obtain personal jurisdiction over the defendant corporation. The "primary responsibility for ensuring proper service is upon the plaintiff and his agent, the process server" (Fashion Page v. Zurich Ins. Co., 50 N.Y.2d 265, 275 [Gabrielli, J., concurring]), and the record at bar establishes that the plaintiff failed to discharge that responsibility appropriately. In this regard, we note that it is undisputed that the process server employed by the plaintiff effected service on an individual who was not employed by the corporate defendant, and at a location in the Bronx where the defendant did not maintain an office. The process server thus failed to act "reasonably and diligently in attempting to fulfill the statutory mandate [of CPLR 311 (1)]" (McDonald v. Ames Supply Co., 22 N.Y.2d 111, 115; Reed v. Trailways Bus Sys., 146 A.D.2d 763). Harwood, J.P., Eiber, Balletta, and Rosenblatt, JJ., concur.


Summaries of

Glasser v. Kaswol Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1991
176 A.D.2d 858 (N.Y. App. Div. 1991)
Case details for

Glasser v. Kaswol Construction Corp.

Case Details

Full title:HARRIS GLASSER, Appellant, v. KASWOL CONSTRUCTION CORP., Defendant, and…

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

Date published: Oct 21, 1991

Citations

176 A.D.2d 858 (N.Y. App. Div. 1991)
575 N.Y.S.2d 336

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