Legal Opinion · Dissent

Green v. Morningside Heights Housing Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1958PublishedCited by 23 opinions

1Dissent

McNally, J. (dissenting).

I dissent and vote to reverse the order below.

The Legislature has prescribed with great particularity the manner in which personal jurisdiction of a domestic corporation shall be obtained. Where, as in the ease at bar, the legislative mandate has not been complied with, the courts may not provide an equivalent therefor. The mandate of section 228 of the Civil Practice Act is clear. The statute directs that personal service of a summons on a domestic corporation “ must be made by delivering a copy thereof ” to one of the persons specifically designated in subdivision 8…

2Cases cited3 opinions

  1. Green v. Morningside Heights Housing Corp.New York Supreme Court · 1958
  2. Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Ives v. DarlingAppellate Division of the Supreme Court of the State of New York · 1924

3Cited by23 opinions

  1. Macchia v. RussoNew York Court of Appeals · 1986
  2. Colbert v. International Security Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  3. Lumbermens Mutual Casualty Co. v. Borden Co.District Court, S.D. New York · 1967
  4. Arce v. Sybron Corp.Appellate Division of the Supreme Court of the State of New York · 1981
  5. De Vore v. OsborneAppellate Division of the Supreme Court of the State of New York · 1980

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