City of Buffalo v. Plainfield Hotel Corp.

KNIGHT, Chief Judge.

This action was commenced in County Court, Erie County, New York, when a summons and complaint were served upon F. Dudley Kohler, an officer of petitioner. He appeared specially and objected to the court’s jurisdiction on the ground that petitioner was not doing business in New York State. The County Court held that service was binding. 77 N.Y.S.2d 901. This ruling, upon appeal, was affirmed by the Appellate Division of the Supreme Court, Fourth Department. 271 App.Div. 863, 66 N.Y.S. 2d 925.

The action was brought by the City of Buffalo to foreclose a tax lien upon…