In the Matter of a Mail Dispute Between

MANFRED BRAUN and PATRICK GRASSO

P.S. Docket No. MD-12

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual 153.72 and 39 C.F.R. PART 965, which require Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is presently being held by the Postmaster, Yonkers, New York, pending final resolution of this matter. Both parties have filed the submittals required by the rules of practice and disputant Braun has filed comments permitted thereby.

FINDINGS OF FACT

1. The mail in dispute is that addressed to Slide-Away, at Post Office (PO) Box 710, Yonkers, NY 10701.

2. In 1983 disputant Patrick Grasso, as president of American Specialties, Inc. (ASI) located at 441 Saw Mill River Road, Yonkers, New York, and disputant Manfred Braun entered into an agreement under which ASI would manufacture and market a certain device under a United States patent in which Mr. Braun had an interest.

3. On February 29, 1984, Mr. Braun rented Post Office Box 710, the box in dispute, indicating that he was renting the box in the name of "Slide-Away."

4. In May 1984 Patrick Grasso and his son, Donald Grasso, filed with the Westchester, NY, county clerk a "Business Certificate for Partners" indicating that they were "conducting or transacting business as members of a partnership under the name or designation of Slide-Away at PO Box 710 Yonkers, NY 10701", and that they were the only partners. Slide-Away [Yonkers] was organized to manufacture and market the patented device for ASI. At a later, unspecified time it became a division of ASI.

5. From 1984 through 1987 rental payments for the PO box were made by Slide-Away [Yonkers], which was conducting business using PO Box 710 as its address.

6. In September 1986 a new business entity, the Slide-Away Corporation was incorporated in the State of New York. In August 1987 at the first meeting of the Board of Directors, Thomas Braun was elected president of the corporation and Manfred Braun was elected to the offices of vice-president, secretary and treasurer. The corporation has its principal place of business in Mineola, NY, and uses PO Box 767, Mineola, NY 11501 as its business mailing address.

7. In the fall of 1987 Manfred Braun's association with Slide-Away [Yonkers] ended. Mr. Grasso maintains that he fired Mr. Braun upon learning that Mr. Braun had set up a competing corporation. Mr. Braun states only that the "co-venture" known as Slide-Away "terminated." It is undisputed that Mr. Braun is no longer associated with Slide-Away [Yonkers].

8. In late November 1987 the current dispute arose over the right to receive mail addressed to Slide-Away at PO Box 710. Manfred Braun claims the right to receive the mail by virtue of the fact that his name and signature appear on the original rental agreement. Mr. Grasso maintains that Mr. Braun is attempting to misappropriate mail intended for Slide-Away [Yonkers] for the benefit of Slide-Away Corp.

CONCLUSIONS OF LAW

1. The Domestic Mail Manual, 153.52, states that mail addressed to unincorporated firms is delivered as addressed, as long as the business is being conducted under the same name at the same address, despite some members of the firm breaking off relations.

2. The evidence establishes that when disputant Manfred Braun rented PO Box 710, he did so on behalf of the business entity known as Slide-Away in Yonkers, New York. Slide-Away began to do business using PO Box 710 as its mailing address at the time of its inception in 1984 and apparently continues to do so.

3. There is no evidence that Slide-Away Corp. ever used PO Box 710, Yonkers, NY as its mailing address. Rather, it uses PO Box 767, Mineola, NY to receive mail. Therefore, mail addressed to Slide-Away at Box 710 would be intended by the senders for delivery to Slide-Away [Yonkers] and not to the Slide-Away Corporation of Mineola.

4. It is undisputed that disputant Manfred Braun is no longer associated with Slide-Away [Yonkers]. Therefore, in the absence of an agreement between the parties or an order of a court to the contrary, he is not entitled to receive mail addressed to that business entity.

Accordingly, it is determined that mail addressed to Slide-Away, PO Box 710, Yonkers, NY is to be delivered to those authorized by the controlling officials of Slide-Away at 441 Saw Mill River Road, Yonkers, NY. Patrick Grasso is currently a controlling official of Slide-Away. The attached Order should be issued.

David I. Brochstein
Administrative Judge

O R D E R

All mail addressed to Slide-Away, Post Office Box 710, Yonkers, NY 10701 shall be delivered to those authorized by the controlling officials of Slide-Away at 441 Saw Mill River Road, Yonkers, NY. Patrick Grasso is currently a controlling official of Slide-Away.