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NURSERY PLASTICS v. NEWTON & THOMPSON

19 Misc.2d 883 (1959)

Nursery Plastics, Inc., Plaintiff, v. Newton & Thompson, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 1, 1959.

Attorney(s) appearing for the Case

Stanley Wolder and Zalk & Hayashi for plaintiff.

Herman Goldman, James T. Schoenbrod and Harry G. Liese for defendant appearing specially.

CHARLES A. LORETO, J.

Defendant appears specially and moves pursuant to section 237-a of the Civil Practice Act for an order vacating the service of process in this case upon it on the ground that the court lacks jurisdiction over the defendant. The question for determination is whether this defendant is engaged in business within the State, which, in turn, depends upon the activities of defendant and whether such activities can

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