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ACKERT v. AUSMAN

29 Misc.2d 962 (1961)

Harold C. Ackert, as Trustee of Laura B. Smith, Plaintiff, v. Evan L. Ausman et al., Defendants.

Supreme Court, Special Term, New York County.

May 23, 1961

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl (Taggart Whipple, Philip C. Potter, Jr., Roland W. Donnem of counsel), for Investors Mutual, Inc., defendant appearing specially. Donovan Leisure Newton & Irvine (George S. Leisure, Jr., Walter L. Stratton and Benjamin Vinar of counsel), for Investors Diversified Services, Inc., defendant. Rosenthal & Gurkin (Pomerantz Levy & Haudek, Abraham L. Pomerantz, William E. Haudek and Irving Bizar of counsel), for plaintiff.

BIRDIE AMSTERDAM, J.

The defendant Investors Mutual, Inc. (hereinafter called "Mutual") appears specially herein and moves for an order, pursuant to section 237-a of the Civil Practice Act, to set aside the service upon it of the summons and complaint herein. The motion is predicated upon the ground that Mutual is a foreign corporation not doing business and not qualified to do business in New York. The service...

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