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North American Recycling Corp. v. Warrensburg Board & Paper Corp.
Citations: 101 A.D.2d 923; 475 N.Y.S.2d 625; 1984 N.Y. App. Div. LEXIS 18649
Court: Appellate Division of the Supreme Court of the State of New York; May 10, 1984; New York; State Appellate Court
An appeal was made against an order from the Supreme Court at Special Term, which denied a motion by Harmon Associates Corporation and Harmon Paper Stock Company to dismiss the complaint for lack of personal jurisdiction, allowing for renewal after further disclosure. The case, initiated in January 1978, involves claims for payment allegedly owed to the plaintiffs through the defendants, who are said to act as agents for Warrensburg Board and Paper Corporation. Attorney Seymour Harris had represented all defendants, indicating that further process was unnecessary, and communicated this to the plaintiffs’ counsel. However, in 1980, it was revealed that Harris had withdrawn as counsel, and Warrensburg's attorney informed Harmon of this development, stating it was the first notice Harmon received regarding the ongoing action. Harmon claimed it had never been served with the summons or complaint and argued that no authorized appearance had been made on its behalf. Despite Harmon’s assertion of ignorance regarding Harris, evidence suggested that he had acted with authority for Harmon. The court determined that further disclosure was needed to ascertain whether personal jurisdiction had been established over Harmon. Consequently, the order of the Special Term was affirmed without costs. Judges Mahoney, Kane, Weiss, Mikoll, and Yesawich, Jr. concurred.