Co-Ordinating Corp. v.Mengel Co.

I dissent in part.

The defendant, respondent, a foreign corporation, moved to vacate the service of the summons and complaint on the ground that it was not doing business in this State. The plaintiff, appellant, submitted no affidavits in opposition. It rested on the defendant’s papers. The court below appointed a referee to take testimony and report “as to whether the defendant is doing business within the State of New York and as to whether this court has jurisdiction over the person of the said defendant.” Pending the report of the referee the motion was held in abeyance.

From each and every…