Appellate Division, Fourth Department – Personal Jurisdiction – Designated Agent
Dunlop v. Saint Leo The Great R.C. Church
Appealed from Supreme Court, Erie County
Background: In a prior appeal, the church’s motion to dismiss for the failure of the plaintiff to timely serve the complaint on it was granted. The plaintiff then moved for a default judgment against the Catholic Diocese. In response, the diocese cross-moved for an order dismissing the complaint against it for lack of personal jurisdiction.
Ruling: The Appellate Division affirmed the dismissal of the plaintiff’s action. The plaintiff failed to demonstrate that it properly served the diocese. The court rejected the argument that the church was an agent of the diocese, as there was no evidence demonstrating that the particular church was a designated agent for the diocese.
Kevin T. Stocker for the plaintiff-appellant; Katie L. Renda of Chelus, Herdzik, Speyer & Monte for the defendants-respondents