Central Savannah Riv. Area Resources Dev. Agency. Inc. v. White Eagle Intl

In Central Savannah Riv. Area Resources Dev. Agency. Inc. v. White Eagle Intl., 110 AD2d 742 [2nd Dep't 1985]) the Second Department upheld the Supreme Court's ruling sustaining service to a non-employee who had been previously employed by the defendant corporation (Central Savannah, 110 AD2d at 742). The trial court found that the corporation had clothed the former employee with the appearance of an employee (Central Savannah Riv. Area Resource Dev. Agency v. White Eagle Intl., 117 Misc. 2d 338, 458 N.Y.S.2d 167 [Sup Ct, Nassau County 1983]), and the Second Department found that the "the process server acted reasonably, and with due diligence, under all the circumstances present here, and that the manner of service, objectively viewed, was calculated to, and did, give the corporate defendant fair notice of the commencement of this action" (Central Savannah, 110 AD2d at 742). A business sign had made it appear to the process server that the non-employee worked for the defendant corporation, the non-employee never disputed that he was authorized to receive service, and the non-employee had previously been employed by the defendant corporation (Central Savannah, 117 Misc. 2d at 338-40). Thus, the former employee had created the impression that he was authorized to accept service, and there was no way for the process server to know that he was not authorized to do so (id.).