Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
GS Capital Partners, LLC v. Ameritek Ventures
Citation: 2023 NY Slip Op 01942Docket: Index No. 656964/19 Appeal No. 41 Case No. 2021-03651
Court: Appellate Division of the Supreme Court of the State of New York; April 13, 2023; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division, First Department, reversed the decision of the Supreme Court, New York County, which had denied Ameritek Ventures' motion to vacate a default judgment and dismiss the action. The court ruled that a traverse hearing is necessary to assess whether the court has personal jurisdiction over Ameritek, based on evidence related to Edward Zimmerman's authority as the company’s registered agent for service of process. Prior to November 25, 2019, Zimmerman had actual authority as Ameritek's registered agent. However, the day of service, Ameritek submitted a form to change its registered agent, raising questions about Zimmerman's apparent authority at the time of service. The court noted that the timing of the change and Zimmerman's sworn statements about his withdrawal from the role suggest possible collusion between Ameritek and Zimmerman to mislead the plaintiff about the service of process. Additionally, the Appellate Division dismissed Ameritek's argument regarding the lack of a certificate of conformity affecting the affidavit of service, emphasizing that any technical defects did not undermine the likelihood that the summons and complaint reached Ameritek. The case has been remanded for further proceedings following the traverse hearing to clarify jurisdictional issues.