Glynn v. Hyde-Murphy Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the City Court of the city of New York, granting defendant’s motion to set aside the service of a summons and complaint.
1Opinion of the CourtWagner, J.
The defendant, a foreign corporation, whose agent was served in this city moved to set aside the service of a summons and complaint on the grounds that because it had no property in this state *330and the cause of action did not arise here, service on a managing agent was unjustified under the Code, and that defendant corporation was not doing business within the state. The challenge to the jurisdiction was sustained, resulting in the order appealed from.
Section 432, subdivision 3, of the Code of Civil Procedure reads: “ If such a designation is not in force, or if neither the person designated,…
2Cases cited3 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Swift v. Matthews Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- Cohen v. Vaughan Bassett Furniture Co., Inc.District Court, S.D. New York · 1980
- Lee v. Memphis Pub. Co.Mississippi Supreme Court · 1943