John Taplinger & Co. v. Montgomery Ward & Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, first district, denying a motion to vacate the service of the summons and the judgment entered by default on such service.
1Opinion of the CourtLehman, J.
The plaintiff has obtained a judgment by default against the defendant. After the judgment *116was entered the defendant- appeared specially and moved to vacate and set aside the judgment on the ground that the summons and complaint were never properly served upon the defendant. The original affidavit of service upon which the judgment was granted stated that service was made on the'managing agent of the corporation within this state. Obviously this affidavit is insufficient, because service upon a foreign corporation can be made on its managing agent Avithin this state only where no designation…
2Cited by1 opinion
- Seldin v. Caledonian InsuranceNew York Supreme Court · 1923