2. Could the court reasonably have reached the same result by finding that the claims adjuster was...

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2. Could the court reasonably have reached the same result by finding that the claims adjuster was an agent authorized by appointment to receive process? In FASHION PAGE, LTD. v. ZURICH INS. CO., 50 N.Y.2d 265, 269–73, 428 N.Y.S.2d 890, 892–94, 406 N.E.2d 747, 749–51 (1980), the process-server went to defendant’s office where he was greeted by a receptionist. The receptionist told him to proceed down a certain corridor and to “see the girl sitting down there.” Following instructions, the process-server went to the executive secretary of the vice president in charge of the New York office. She asked to see the papers and after perusing them said: “Okay, leave it with me. * * * I’ll take it.” When the processserver questioned her authority, she responded: “I can take it.”

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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