DocketNumber: No. 31 54 03
Citation Numbers: 1996 Conn. Super. Ct. 5754
Judges: MORAGHAN, J.
Filed Date: 8/16/1996
Status: Non-Precedential
Modified Date: 4/18/2021
Pecos River is a foreign corporation as defined by § 33-284(k) of the General Statutes.1 Section 33-411, "Service of process on foreign corporations," requires that service be made upon the Secretary of State or the corporation's duly appointed agent for service in this state. Pursuant to § 33-411, service upon the Secretary of State "shall be effective as of the date and hour received by the secretary of the state as shown on his record. . . ." The photocopy of the summons, contained in exhibit two of the intervening plaintiffs' objection, indicates that the Secretary of State is Pecos River's agent for service, however, there is no indication of when the Secretary of State was served, if ever.
The intervening plaintiffs' objection also includes copies of a certified mail receipt indicating that Pecos River received service by mail in New Mexico. This, however, is insufficient to meet the requirements of the statute or to establish the date of service.
Because the date of service is undeterminable from the pleadings, the court is constrained to find the existence of a material issue of fact. Where such an issue exists, the court CT Page 5755 must deny a motion for summary judgment. Practice Book § 384.
Accordingly, the motion for summary judgment is denied.
Moraghan, J.