Clift & Goodrich, Inc. v. Collier Mills, Inc.

McAvoy, J.:

The order now reviewed directs the. appointment of a referee to determine whether the defendant was doing business within this State at the time of the attempted service of the summons herein. The defendant appeared specially for the purpose of setting aside the service of the summons made in a public street, on D. C. Collier, vice-president of the defendant, while temporarily *540here, on the ground that the defendant is a foreign corporation and was not doing business within the State of New York. The court, hearing the motion, stated that he would dispose of the motion upon the…