EMERSON RADIO & PHONOGRAPH CORP. v. ESKIND


32 Misc.2d 1038 (1957)

Emerson Radio & Phonograph Corporation, 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

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


HAROLD A. STEVENS, J.

Defendant, a nonresident partnership, appears specially and moves to vacate service of process. Defendant alleges it is not doing business here and that its designation of a person or firm was ineffectual to confer jurisdiction. Plaintiff, a New York corporation, asserts that by virtue of the terms of a distributor franchise agreement defendant consented to jurisdiction when service was made in the manner therein provided.

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