Rutkosky v. Public Service Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Public Service Railway 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 21st day of January, 1913, denying the defendant’s motion to vacate and set aside an order for the service of a summons by publication.
1Opinion of the Court
Scott, J.:
The plaintiff, who is a resident of this State, seeks to sue the defendant, a foreign corporation, upon a cause of action arising without the State. The defendant transacts no business in this State and has no property therein. No attachment against the property of defendant has been applied for or issued. The defendant, appearing specially, moves to set aside the order for substituted service upon authority of Van Mater v. Post (147 App. Div. 111), wherein it was held that a plaintiff is not entitled to an order for service by publication unless the cause of action arose in this…
2Cases cited2 opinions
- Haase v. Michigan Steel Boat Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Van Mater v. PostAppellate Division of the Supreme Court of the State of New York · 1911