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Edward V. Green Enterprises v. Manilow

103 Misc. 2d 869, 427 N.Y.S.2d 199 (1980)

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Edward V. Green Enterprises v. Manilow

New York Supreme Court
103 Misc. 2d 869, 427 N.Y.S.2d 199 (1980)

Facts

Singer Barry Manilow (defendant) entered into a series of contracts with Edward V. Green Enterprises, Inc. (Green) (plaintiff) pursuant to which Manilow was to perform in concert in Rhode Island. The contracts did not appoint anyone to receive process in the event of litigation. When a dispute arose between the parties about the concert, Green attempted to sue Manilow by serving Manilow’s manager, Miles J. Lourie, with a summons and complaint. Manilow made a special appearance in order to move to dismiss the complaint on the ground that Green did not properly serve Manilow. Green responded that service on Lourie was sufficient to serve Manilow because Manilow authorized Lourie to accept service of process for Manilow based on Lourie’s position as Manilow’s manager and because of Lourie’s service as Manilow’s agent regarding the relevant contracts. Green further noted that five days after Lourie was served, Manilow’s attorney contacted Green about the lawsuit, which allegedly served to validate and ratify Lourie’s alleged position as Manilow’s agent with respect to service of process for this suit.

Rule of Law

Issue

Holding and Reasoning (Kuhnen, J.)

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