McCoy v. Erie Forge & Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Forge Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of March, 1922, denying the motion of said defendant, appearing specially, to vacate the service of a summons and complaint upon it made outside the State of New York and to vacate a warrant of attachment issued against its property.
1Opinion of the Court
Greenbaum, J.:
The defendant, Erie Forge Company, a foreign corporation appearing specially, moved to vacate an attachment granted on November 5,1921, and to vacate the service upon it of the summons and complaint, for the reason that no valid service was made within thirty days after the attachment was granted, as required by section 905 of the Civil Practice Act.
The service of the summons and complaint was made without the State of New York, on December 3, 1921, by delivering the papers to Robert F. Devine, Jr., its “ director, assistant to the president and the managing agent.”
No attack is…
2Cited by4 opinions
- Howard Converters, Inc. v. French Art Mills, Inc.New York Court of Appeals · 1937
- Doughney v. FausetNew York Supreme Court · 1958
- Groom v. JarboeNew York Supreme Court · 1946
- Mijon v. MijonNew York Supreme Court · 1923