Matter of Meyer v. . Consolidated Ice Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7,1909, which reversed an order of Special Term denying a motion to set aside service of an order for examination in supplementary proceedings and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7,1909, which reversed an order of Special Term denying a motion to set aside service of an order for examination in supplementary proceedings and granted said motion. The following question was certified : “ Can supplemen- tary proceedings against a foreign corporation be commenced only by service upon an officer of the corporation as prescribed in section 2452 of the Code of Civil Procedure ? ” The construction of sections 432, 433 and 2452 of the Code of Civil…
1Opinion of the CourtHisoook, J.
The defendant is a foreign corporation and an order was made in supplementary proceedings requiring it to appear and make discovery on oath concerning its property. The only service of this order was by delivery to a person designated in accordance with the provisions of section 16 of the General Corporation Law and section 432 of the Code of Civil Procedure, as one upon whom a summons might be served. The question is whether such service was sufficient. I think that it was not.
Section 432 of the Code provides that personal service of a summons upon a foreign corporation “ must be made by…
2Cited by7 opinions
- Bouker Contracting Co. v. W. H. Callahan Contracting Co.Appellate Terms of the Supreme Court of New York · 1915
- Matter of National City Bank v. DeszNew York Court of Appeals · 1939
- Mednicoff v. LashingCity of New York Municipal Court · 1929
- Babcock Hinds Underwood, Inc. v. S. E. T. Valve & Hydrant Co.New York Supreme Court · 1934
- Broderick v. ShapiroNew York Supreme Court · 1939
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