The affidavits on behalf of the plaintiffs are insufficient to show that the defendant is doing business within this State. The facts that are stated are upon information and belief and no reason is given for the failure to present the affidavits of those persons from whom the affiants profess to have obtained the information. Unless the corporation is doing business in this State, the temporary or permanent residence of the president here does not bring the corporation within the State so that service upon him will constitute service upon the corporation. The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present •— Clarke, P. J., Dowling, Smith, Page and Philbin, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
190 A.D. 933
Henry Wollman and Others, as Copartners, etc., Respondents, v. Newark Star Publishing Company, Appellant.
Corporation — service of process — doing business here.
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office December 29, 1919, denying the defendant’s motion to set aside the service of the summons and complaint.
Wollman v. Newark Star Publishing Co.
190 A.D. 933
Case Details
190 A.D. 933
References
Nothing yet... Still searching!
Nothing yet... Still searching!