Yager Pontiac, Inc. v. Fred A. Danker and Sons, Inc

In Yager Pontiac, Inc. v. Fred A. Danker and Sons, Inc. (69 Misc 2d 546, 330 N.Y.S.2d 409 Sup Ct, Albany County [1972]), the Court cited In re Brown's Will, at 614, holding that: "Under these circumstances, the knowledge of Frederick A. Danker, Sr. as the grantor of the easement must be imputed to the corporation of which he was president and a director and stockholder, and the corporation must be charged with such knowledge." LIBERTY received actual notice of the arbitration when PERSAUD received notice. Thus, "when notice has been sent to the proper address and is received by the real party in interest, the lack of the actual corporate name of the owner of record is not fatal" and where "the real party in interest, was actually aware of the existence and nature of the pending action in time to defend . . . the constitutionally-required standard of notice was met." (Pompe v. City of Yonkers, 179 AD2d 628, 630, 578 N.Y.S.2d 585 2d Dept 1992).