Miller v. Swann

This motion involves the construction and application of section 229-b of the Civil Practice Act (added by Laws of 1940, chap. 99), which became effective September 1, 1940. The defendants, appearing specially move to set aside service of a summons and complaint upon them pursuant to that statute. They contend (1) that they do not “ engage in business in this State; ” (2) that the alleged cause of action is not one “ arising out of such business;” and (3) .that the summons and complaint were not served upon “ the person in charge of such business within this State.”

The defendants are not…