COLBERT v. INTERNATIONAL SECURITY BUREAU, S. RY. CO., 49 N.Y.2d 988 (1980)

429 N.Y.S.2d 187, 406 N.E.2d 1080

MAURICE COLBERT et al., Respondents, v. INTERNATIONAL SECURITY BUREAU, INC., et al., Defendants, and SOUTHERN RAILWAY COMPANY, Appellant.

Court of Appeals of the State of New York.Argued March 24, 1980
Decided April 29, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANKLIN W. MORTON, J.

M. Elizabeth Kilcullen and Arthur F. Golden for appellant.

Francis E. Dorn for respondents.

Page 989

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

Based on the record before us, we agree with the Appellate Division that the employee receiving service possessed sufficient authority to accept service of process on behalf of appellant Southern Railway Co. (See Fashion Page v Zurich Ins. Co., 50 N.Y.2d 265.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUSCHBERG and MEYER concur in memorandum.

Order affirmed, etc.