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FRIEDMAN v. GRAVELEY FURNITURE CO.

37 Misc.2d 131 (1962)

David Friedman, Doing Business under the Name of Friedman & Friedman, Plaintiff, v. Graveley Furniture Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

October 1, 1962

Attorney(s) appearing for the Case

Young, Seacord & Young (J. Addison Young, 2d, of counsel), for defendant. Lubell & Zito (Fred Kaplan of counsel), for plaintiff.

SAUL S. STREIT, J.

Even if it be assumed that defendant is doing business in this State to a sufficient extent to be subject to the service of process here, this motion to set aside service must be granted. Goldman, the person served with the summons, is not a "managing agent" within the meaning of subdivision 3 of section 229 of the Civil Practice Act. To qualify as a "managing agent," the person served must...

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