McCoy v. Erie Forge & Steel Co.
New York Supreme Court
Motion to vacate the service of the summons made on the defendant corporation, Erie Forge Company, without the state, pursuant to an order, and to vacate and set aside a warrant of attachment and all proceedings had thereunder.
1Opinion of the CourtGiegerich, J.
I think the provisions of the order of November 28, 1921, so far as it permits, at the option of the plaintiff, service of the summons personally, without the state, upon the defendant Erie Forge Company, in the manner specified in section 229 of the Civil Practice Act, should be disregarded pursuant to the provisions of section 105 of the said act, because such direction is plainly an error. The provisions of the said section 229 apply only to the personal service of the summons upon a foreign corporation within this state. As I read the provisions of the Civil Practice Act and the Rules of…
2Cases cited3 opinions
- Blossom v. . EstesNew York Court of Appeals · 1881
- Jones v. FuchsAppellate Division of the Supreme Court of the State of New York · 1905
- Martin v. SmithNew York Supreme Court · 1902
3Cited by2 opinions
- Doughney v. FausetNew York Supreme Court · 1958
- Groom v. JarboeNew York Supreme Court · 1946