Waverly Chemical Co. v. Thermal Research & Engineering Corp.

17 A.D.2d 858, 1962 N.Y. App. Div. LEXIS 7375

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 29, 1962
• Status: Published

Opinion

In an action to recover damages for breach of warranty, plaintiff appeals from an order of the Supreme Court, Westchester County, made November 14, 1961 by an Official Referee after a hearing which granted the motion of the defendant, a foreign corporation, to vacate the service of the summons upon it on the grounds: (1) that it was not doing business in this State, and (2) that the person upon whom the summons was served was not its managing agent within the meaning of subdivision 3 of section 229 of the Civil Practice Act. Order affirmed, without costs (Miller v. Surf Props., 4 N Y 2d 475; Pennrich & Co. v. Juniata Hosiery Mills, 247 N. Y. 592; Hamlin v. Barrett & Co., 246 N. Y. 554; Ray D. Lillibridge, Inc. v. Johnson Bronze Co., 247 N. Y. 548; Neu v. Teen Time, 9 A D 2d 961). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.