S. A. Cala v. Luis De Ridder Ltda. S. A.

17 A.D.2d 729, 232 N.Y.S.2d 284, 1962 N.Y. App. Div. LEXIS 8069

Opinion

Order entered on June 26, 1962, denying defendant’s motion to vacate warrant of attachment, unanimously reversed on the law and the facts, with $20 costs and disbursements to appellant, and the motion to vacate the attachment granted, with $10 costs. This action brought by a foreign corporation against another foreign corporation can only be maintained if the cause of action arose in this State (General Corporation Law, § 225). This cause of action did not arise here (Gonzalez v. Industrial Bank, 16 A D 2d 347). The entertainment of this action thus being beyond the power of the court, the warrant of attachment has no foundation upon which to rest and must be vacated (Swift & Co. v. Karline, 245 N. Y. 570). Settle order on notice. Concur — Breitel, J. P., Rabin, Valente, Eager and Steuer, JJ.