Legal Opinion
Harmony Music Center, Inc. v. Railway Express Agency, Inc.
New York Supreme Court
Decided November 3, 1961PublishedCited by 5 opinions
1Opinion of the CourtClare J. Hoyt, J.
The defendant, Electro-Voice, Inc., has appeared specially to set aside the service of the summons on the ground that the summons was not delivered to a proper person in accordance with section 229 (subd. 3) of the Civil Practice Act and on the further ground that the defendant is a foreign corporation not doing business within the State of Hew York.
Plaintiff alleges, by its process server’s affidavit, that service was made on the defendant by serving the summons and complaint upon the purported assistant managing agent of the defendant and that in the presence of the process server the…
2Cases cited5 opinions
- Elish v. St. Louis Southwestern RailwayNew York Court of Appeals · 1953
- Yeckes-Eichenbaum, Inc. v. McCarthyNew York Court of Appeals · 1943
- Ray D. Lillibridge, Inc. v. Johnson Bronze Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Ray D. Lillibridge, Inc. v. Johnson Bronze CompanyNew York Court of Appeals · 1928
- Vassallo v. SlominAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by5 opinions
- Weinberg v. COLONIAL WILLIAMSBURG, INCORPORATEDDistrict Court, E.D. New York · 1963
- Librairie Hachette, S. A. v. Paris Book Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- Bryant v. Finnish National AirlineAppellate Division of the Supreme Court of the State of New York · 1964
- Koepke v. Bilnor Corp.New York Supreme Court · 1968
- Goldstein v. COMPUDYNE CORPORATIONDistrict Court, S.D. New York · 1966