EMERSON QUIET KOOL CORP. v. ESKIND


32 Misc.2d 1037 (1957)

Emerson Quiet Kool Corp., Plaintiff, v. Manuel M. Eskind et al., Doing Business under the Name of Capital Radio & Television Company, Defendants.

Supreme Court, Special Term, New York County.

October 21, 1957


Attorney(s) appearing for the Case

Willikie Owen Farr Gallagher & Walton (Mark F. Hughes and Kenneth J. Bailkin of counsel), for defendants appearing specially. Krisel, Lessal & Dowling (Jacob Krisel of counsel), for plaintiff.


HAROLD A. STEVENS, J.

Defendant, a nonresident partnership, not doing business within this State, appears specially and moves to vacate service of process on the ground that this court lacks jurisdiction. Plaintiff, a New Jersey corporation, opposes the application, contending that, under the terms of a distributor franchise agreement, the defendant named an agent to receive process and that when the procedure as therein set forth was complied with, this...

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