KIMBERLY KNITWEAR v. MID-WEST CAR ASSN.


21 Misc.2d 730 (1959)

Kimberly Knitwear, Inc., Plaintiff, v. Mid-West Pool Car Association et al., Defendants.

Municipal Court of the City of New York, Borough of Manhattan.

September 21, 1959.


Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole for Neusteter Co., defendant appearing specially.

Joseph Haskell for plaintiff.


GUY GILBERT RIBAUDO, J.

In this action for goods sold and delivered by plaintiff to defendant, the Neusteter Co., and shipped pursuant to its instructions, Neusteter appeared specially seeking to dismiss the complaint because of nonservice upon a proper person and because of being a Colorado corporation not engaged "in doing business" in New York.

Amenability to process is asserted by plaintiff because of listing in the Manhattan telephone directory...

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