Legal Opinion

Cainen v. New York Contracting Co.

New York Supreme Court

Decided April 15, 1907Published

Appeal by the defendant from an order of the Municipal Court of the city of Yew York, eighth district, borough of Manhattan, denying a motion to open its default.

1Opinion of the CourtGiegerich, J.

This action was brought against the Yew York Contracting Company for a personal injury claimed to have been caused by the negligence of the defendant, which the complaint alleges is a foreign corporation. The summons and complaint were served on one Frederick E. Killeen. It appears from the record that no such corporation as the Yew York Contracting Company, either foreign or domestic, is known; that there are two existing corporations, the “ Yew York Contracting Company, Pennsylvania Terminal,” and the “ Yew York Contracting Company, Yew Haven Improvements,” and that Mr. Killeen is secretary…

2Cases cited6 opinions

  1. Gideon v. DwyerNew York Supreme Court · 1896
  2. Fitzgerald v. . MoranNew York Court of Appeals · 1894
  3. People ex rel. Weaver v. Van De CarrAppellate Division of the Supreme Court of the State of New York · 1896
  4. Schoellkopf v. OhmeisNew York Court of Common Pleas · 1895
  5. Arnold v. Norfolk & New Brunswick Hoslery Co.New York Supreme Court · 1892

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