HILLCREST PAPER CO. v. OHLSTEIN


10 Misc.2d 286 (1958)

Hillcrest Paper Company, Inc., Plaintiff, v. Jack Ohlstein et al., Defendants.

Supreme Court, Special Term, New York County.

March 20, 1958.


Attorney(s) appearing for the Case

Harris Birnbaum for plaintiff.

Leibowitz & Fields for Jack Ohlstein, defendant appearing specially.

A. Bertram Roth for Crestwood Paper Company, Inc., defendant appearing specially.


IRVING H. SAYPOL, J.

Defendants, appearing specially, move for an order vacating the service of the summons and complaint. Actually they seek the dismissal of the complaint, contending that the institution of this suit is unauthorized, and that plaintiff lacks capacity to sue. In fact, that ground is urged for dismissal pursuant to rule 107 of the Rules of Civil Practice. Consequently the special appearance...

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