Waisikoski v. Philadelphia & Reading Coal & Iron Co. 228 N.Y. 581

Joseph Waisikoski, Appellant, v. Philadelphia and Reading Coal and Iron Company, Respondent.

Waisikoski v. P. & R. Coal & Iron Co., 178 App. Div. 932, affirmed.

(Argued March 3, 1920;

decided March 19, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 28, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint as a matter of discretion by the court at Special Term. The action was brought to recover damages for personal injuries sustained by the plaintiff while employed by defendant in the state of Pennsylvania. The plaintiff resided in Pennsylvania, and the defendant was a Pennsylvania corporation doing business in the state of New York. ^Plaintiff contended that under subdivision 4 of section 1780 of the Code of Civil Procedure the right of a nonresident to bring an action in the courts of this state *582against a foreign corporation doing business in this state is absolute and whether the court will entertain jurisdiction is not a matter of discretion.

Leonard F. Fish and Joseph Levy for appellant.

Pierre M. Brown for respondent.