Rubinstein v. Bouard

Appellate Division of the Supreme Court of New York

Rubinstein v. Bouard

262 A.D. 835, 28 N.Y.S.2d 403

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

DecidedJune 18, 1941

StatusPublished

Cited by1 cases

This text of 262 A.D. 835 (Rubinstein v. Bouard) 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

Rubinstein v. Bouard, 262 A.D. 835, 28 N.Y.S.2d 403 (N.Y. Ct. App. 1941).

Pincite

Opinion

Peb Cubiam.

The question as to whether defendant Chosen Corporation, Limited, is doing business within this State so as to render it amenable to the service of process cannot properly be resolved upon affidavits. A reference, at which a full and adequate presentation of the testimony may be had, should be ordered to aid the court in determining the factual issue.

The order should be modified by referring the issues to an official referee who is to hear and report to the Special Term, and as so modified, affirmed, with costs to appellant.

Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

Order unanimously modified by referring the issues to an official referee to hear and report to Special Term, and as so modified affirmed, with costs to the appellant. Settle order on notice. [176 Misc. 680.]

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