Legal Opinion

Glick v. Empire Box Corp.

District Court, S.D. New York

Decided March 5, 1954No. Civ. A. No. 89-210PublishedCited by 5 opinions

1Opinion of the Court

WEINFELD, District Judge.

The defendant, a Delaware corporation, moves to quash service of summons and to dismiss the complaint on the ground that the defendant is not “present” within the State of New York. Its argument is that it does not do sufficient business in this State for plaintiff’s suit here to satisfy the venue requirements of 28 U.S.C. § 1391(c) and due process.

The issue narrows to whether the activities of defendant, absent specific consent to be sued or authorization to an agent to accept service of process for it in New York, are such as to deem it present here so that it would…

2Cases cited7 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
  3. Bomze v. Nardis Sportswear, Inc.Court of Appeals for the Second Circuit · 1948
  4. Latimer v. S/A Industrias Reunidas F. MatarazzoCourt of Appeals for the Second Circuit · 1949
  5. French v. Gibbs Corporation. Henry v. Gibbs CorporationCourt of Appeals for the Second Circuit · 1951

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rensing v. Turner Aviation CorporationDistrict Court, N.D. Illinois · 1958
  2. Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc.District Court, S.D. New York · 1967
  3. Weinberg v. COLONIAL WILLIAMSBURG, INCORPORATEDDistrict Court, E.D. New York · 1963
  4. Orefice v. Laurelview Convalescent Center, Inc.District Court, E.D. Pennsylvania · 1975
  5. McClendon v. the Curtis Bay Towing Co.District Court, S.D. New York · 1955

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