NAT'L MFG. CORP. v. BUFFALO METAL CONTAINER CORP.


204 Misc. 269 (1953)

National Manufacturing Corporation, Plaintiff, v. Buffalo Metal Container Corporation, Defendant.

Supreme Court, Special Term, Erie County.

May 26, 1953.


Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Gorman for defendant.

Penney, Penney & Buerger for plaintiff.


HAGERTY, J.

Service of the summons herein on the Secretary of State as designated agent for such purpose constituted proper personal service on the defendant corporation, under the provisions of section 228 of the Civil Practice Act. The defendant has submitted no decision or statute which directly or impliedly would justify a holding that the service was null or void merely because the Secretary of State erred in mailing the copy of the summons...

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