Cohen v. Boulevard Frocks, Inc.
District Court, S.D. New York
1Opinion of the Court
CONGER, District Judge.
This is an application by the defendant, a Minnesota corporation, appearing specially, to dismiss the action or in lieu thereof, to vacate the service of process on the grounds of (1) lack of jurisdiction over the defendant, and (2) improper service of defendant.
The motion to quash the service is granted.
From the affidavits submitted, the Court is of the opinion that the defendant is not “doing business within the state [Southern District] in such 'maimer and to such extent as to warrant the inference that it is present there [here].” Philadelphia & R. Ry. Co. v.…
2Cases cited4 opinions
- Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
- Davega, Inc. v. Lincoln Furniture Mfg. Co.Court of Appeals for the Second Circuit · 1928
- Elevator Supplies Co. v. Wagner Mfg. Co.District Court, S.D. New York · 1931
- Stein v. Standard Oil Co. of CaliforniaDistrict Court, S.D. New York · 1929
3Cited by2 opinions
- Geismar v. Bond & Goodwin, Inc.District Court, S.D. New York · 1941
- Pagnotti v. Alan Wood Steel Co.District Court, S.D. New York · 1940