HARMONY CTR. v. RY. AGENCY


35 Misc.2d 18 (1962)

Harmony Music Center, Inc., Plaintiff, v. Railway Express Agency, Inc., et al., Defendants.

Supreme Court, Rockland County.

November 3, 1961


Attorney(s) appearing for the Case

Orville H. Mann for Electro-Voice, Inc., defendant appearing specially. Sidney Szerlip for plaintiff.


CLARE J. HOYT, J.

The defendant, Electro-Voice, Inc., has appeared specially to set aside the service of the summons on the ground that the summons was not delivered to a proper person in accordance with section 229 (subd. 3) of the Civil Practice Act and on the further ground that the defendant is a foreign corporation not doing business within the State of New York.

Plaintiff alleges, by its process server's affidavit, that service was made...

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