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BLAU v. MARTIN

8 Misc.2d 54 (1957)

Isadore Blau, a Stockholder of Bates Manufacturing Company, Suing on Behalf of Himself and All Other Stockholders Similarly Situated, and on Behalf of and in the Right of Bates Manufacturing Company, Plaintiff, v. Lester Martin et al., Defendants.

Supreme Court, Special Term, New York County.

October 3, 1957.

Attorney(s) appearing for the Case

Burton M. Abrams and Robert D. Milne for Bates Manufacturing Company, defendant appearing specially.

Morris J. Levy for plaintiff.

HAROLD A. STEVENS, J.

Defendant Bates Manufacturing Company appears specially herein and moves to vacate and set aside a purported service of process upon it. The stated grounds are (1) that the movant is a foreign corporation, not authorized to do business in the State of New York, that it is not in fact doing business here, and (2) that the purported service was not made in the manner prescribed by section 229 of the Civil Practice Act.

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