Manufacturers Trust Co. v. Corsi

Motion by defendant, appearing specially, to vacate the service of the summons.

Defendant is a State official, holding the office of Industrial Commissioner (Labor Law, § 10), and is designated as such in the summons. The motion to vacate is based upon the ground that this court has neither jurisdiction of the person of defendant nor of the subject matter of the action, as the State has not given its consent to be sued herein.

Mo complaint has, as yet, been served. Plaintiff’s opposing affidavit asserts that the action is brought to recover the amount of certain contributions made by it to the…