Legal Opinion
Gardner v. United States
District Court, S.D. New York
Decided September 21, 1965PublishedCited by 4 opinions
1Opinion of the Court
CANNELLA, District Judge.
Motion by third-party defendant, Alastair Kyle pursuant to Rule 12 of the Federal Rules of Civil Procedure for an order quashing the summons and complaint served on him on June 16, 1965, is denied,
Since the Single Act Statute of New York is procedural rather than substantive, it may be applied retroactively. Developers Small Business Investment Corp. v. Puerto Rico Land & Development Corp., 42 Misc.2d 23, 246 N.Y.S.2d 896 (1964).
In this case, the third-party defendant was doing business in New York and the cause of action against him arose out of that business.…
2Cases cited1 opinion
- Developers Small Business Investment Corp. v. Puerto Rico Land & Development Corp.New York Supreme Court · 1964
3Cited by4 opinions
- In re Arthur Treacher's Franchisee LitigationDistrict Court, E.D. Pennsylvania · 1981
- Pavlo v. JamesDistrict Court, S.D. New York · 1977
- Merigone v. Seaboard Capital Corp.New York Supreme Court · 1976
- Gumley v. GumleyMassachusetts District Court, Appellate Division · 1976