People v. Alrich Restaurant Corp.

Defendant moves to dismiss the information as against the corporate defendant and the individual defendant, alleging that the information is unlawful and invalid for the failure to serve a corporate defendant pursuant to section 675 of the Code of Criminal Procedure.

The motion raises the question of jurisdiction. Jurisdiction, powers and essential procedure are conferred by statute. (People v. Weiner, 3 Misc 2d 794.) A corporation can only be brought before the court by a summons properly served. Where the record is wholly devoid of any proof that the service of summons was made according to…