Mitchell v. April

Appellate Division of the Supreme Court of New York

Mitchell v. April

249 A.D. 837, 292 N.Y.S. 591, 1937 N.Y. App. Div. LEXIS 9920

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

DecidedJanuary 15, 1937

StatusPublished

This text of 249 A.D. 837 (Mitchell v. April) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. April, 249 A.D. 837, 292 N.Y.S. 591, 1937 N.Y. App. Div. LEXIS 9920 (N.Y. Ct. App. 1937).

Pincite

Opinion

Order granting, on reargument, motion to vacate order of July 7, 1936, vacating service of summons upon appellant corporation and referring the matter fo Hon. Joseph Morschauser, official referee, to take testimony and report to the court with regard to the extent to which, if at all, said corporation was, at the time of the service of the summons upon it herein, doing business within the State of New York, and directing that the determination of appellant’s motion to vacate the summons served upon it be held in abeyance until the coming in of the official referee’s report, affirmed, with ten dollars costs and disbursements. In the opinion of this court, the affidavit of the president of appellant corporation on the original motion, together with the admission that the corporation has procured from the Secretary of State a certificate authorizing it to do business within the State of New York, is sufficient to show that the corporation is doing business within this State. However, the plaintiff is satisfied with the reference ordered herein. Lazansky, P. J., Carswell, Davis and Adel, JJ., concur; Hagarty, J., concurs in result.

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Order granting, on reargument, motion to vacate order of July 7, 1936, vacating service of summons upon appellant corporation and referring the matter fo Hon. Joseph Morschauser, official referee, to take testimony and report to the court with regard to the extent to which, if at all, said corporation was, at the time of the service of the summons upon it herein, doing business within the State of New York, and directing that the determination of appellant’s motion to vacate the summons served upon it be held in abeyance until the coming in of the official referee’s report, affirmed, with ten dollars costs and disbursements. In the opinion of this court, the affidavit of the president of appellant corporation on the original motion, together with the admission that the corporation has procured from the Secretary of State a certificate authorizing it to do business within the State of New York, is sufficient to show that the corporation is doing business within this State. However, the plaintiff is satisfied with the reference ordered herein. Lazansky, P. J., Carswell, Davis and Adel, JJ., concur; Hagarty, J., concurs in result.

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Bluebook (online)

249 A.D. 837, 292 N.Y.S. 591, 1937 N.Y. App. Div. LEXIS 9920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-april-nyappdiv-1937.