Fischel v. Verkerke Reproductions USA, Inc.
Fischel v. Verkerke Reproductions USA, Inc.
Opinion of the Court
The plaintiff appeals from the trial court’s granting of the motion of the defendant Poster America, Inc.,
Process was served on an employee of Class Publications, Inc., an entity with offices in Hartford, who was in Poster America’s Bridgeport office that day to perform an audit at the direction of the president of both entities.
The trial court, in an articulation of its decision granting the defendant’s motion to dismiss, found that the plaintiff made no claim of service upon the corporation’s statutory agent for service as permitted by General Statutes § 33-297, and that the requirements of General Statutes § 52-57 (c), the only other statute applicable to service here, had not been satisfied. The court noted that the individual on whom service was made was not employed by Poster America, and found, on the basis of the facts before it, that she was not, at the time of service, in charge of the office of the corporation, for the purposes of § 52-57 (c). On the basis of Hyde v. Richard, 145 Conn. 24, 138 A.2d 527 (1958), cited by the trial court, and our review of the record, we agree. We, therefore, conclude that the dismissal of the action for lack of jurisdiction resulting from improper service was correct.
There is no error.
The named defendant is not involved in this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.