Legal Opinion · Dissent
Stewart v. Volkswagen of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1992Published
1Dissent
Harwood, J. P. (dissenting).
As the majority notes, although other methods of service were available to them, in commencing this action grounded in negligence, strict products liability, and breach of warranty, the plaintiffs relied on Business Corporation Law § 307, which in pertinent part designates the Secretary of State as an imputed agent for service on a foreign corporation unauthorized to do business in New York (Business Corporation Law § 307 [a]; see, Flick v Stewart-Wamer Corp., 76 NY2d 50, 56). Jurisdiction may thus be acquired over a foreign corporation unauthorized to do business…
2Cases cited12 opinions
- Volkswagenwerk Aktiengesellschaft v. SchlunkSupreme Court of the United States · 1988
- Taca International Airlines, S. A. v. Rolls-Royce of England, Ltd.New York Court of Appeals · 1965
- ABKCO Industries, Inc. v. LennonAppellate Division of the Supreme Court of the State of New York · 1976
- Flick v. Stewart-Warner Corp.New York Court of Appeals · 1990
- Schlunk v. Volkswagenwerk AktiengesellschaftAppellate Court of Illinois · 1986
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