Weinberg v. Berkshire Ice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Berkshire Ice Company, Inc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of March, 1921, denying its motion to vacate an order for the examination of the defendant before trial.
1Per curiam
The answer of th’e defendant foreign corporation admits the allegation in the complaint that it is engaged in business in this State, and in its counterclaim it alleges that it is duly authorized to do business in the State of New York. It is also admitted that the contract upon which the action is based was made at Port Chester in the State of New York, and the contract is to be performed within this State. Under these circumstances the doctrine of Sivelli v. New River Coal Co. (184 App. Div. 62); Hall v. Gilman (87 id. 248) and Jacob v. Prudential Insurance Co. (186 id. 908), cited by…
2Cases cited3 opinions
- German-American Coffee Co. v. . DiehlNew York Court of Appeals · 1915
- Sivelli v. New River Coal Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Bluthenthal & Bickart, Inc. v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Krstulja v. KrstuljaNew York Supreme Court · 1951
- Burns v. HayesNew York Supreme Court · 1948
- Simpson v. Johnson, Drake & Piper, Inc.Appellate Division of the Supreme Court of the State of New York · 1936