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RUTH v. CHICAGO, ROCK IS. R. R. CO.

5 A.D.2d 215 (1958)

Harold J. Ruth, Appellant, v. Chicago, Rock Island and Pacific Railroad Company, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1958.

Attorney(s) appearing for the Case

Herbert L. Brickman of counsel (Herbert Herman Hefler with him on the brief), for appellant.

Jeremiah C. Waterman of counsel (Waterman & McLean, attorneys), for respondent.

RABIN, J. P., FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

In this negligence action, appeal is taken from an order setting aside service of the summons and dismissing the complaint on the ground that defendant is not doing business within the State of New York so as to make it subject to process.

A similar motion was made by this defendant in an action brought in Kings County by a different party who sought to recover damages for personal injuries arising...

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