Legal Opinion

Emerson Radio & Phonograph Corp. v. Eskind

New York Supreme Court

Decided October 21, 1957PublishedCited by 7 opinions

1Opinion of the CourtHarold A. Stevens, J.

Defendant, a nonresident partnership, appears specially and moves to vacate service of process. Defendant alleges it is not doing business here and that its designation of a person or firm was ineffectual to confer jurisdiction. Plaintiff, a New York corporation, asserts that by virtue of the terms of a distributor franchise agreement defendant consented to jurisdiction when service was made in the manner therein provided.

This case differs from a companion case, decided simultaneously herewith, in that plaintiff in the instant case is a resident, i.e., a New York corporation. Section 224 of…

2Cases cited5 opinions

  1. Gilbert v. BurnstineNew York Court of Appeals · 1931
  2. Wilson v. SeligmanSupreme Court of the United States · 1892
  3. Pope v. HeckscherNew York Court of Appeals · 1934
  4. De Dood v. Pullman Co.Court of Appeals for the Second Circuit · 1932
  5. Gilbert v. BurnstineAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by7 opinions

  1. National Equipment Rental, Ltd. v. Graphic Art Designers, Inc.New York Supreme Court · 1962
  2. Albert Levine Associates, Inc. v. HudsonDistrict Court, S.D. New York · 1967
  3. National Equipment Rental, Ltd. v. United Lumber Co.California Court of Appeal · 1972
  4. Fairfield Lease Corp. v. Windsor Coin Op, Inc.Connecticut Superior Court · 1972
  5. National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964

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