BENJAMIN v. LOGAN


34 Misc.2d 46 (1962)

Heulet D. Benjamin, Plaintiff, v. John Logan et al., Defendants.

Supreme Court, Bronx County.

April 24, 1962


Attorney(s) appearing for the Case

Terhune, Gibbons & Mulvehill (Albert T. Gervais of counsel), for Gold Key Lines, Inc., defendant. Pokorny, Schrenzel & Pokorny (Sheridan Albert of counsel), for plaintiff.


LOUIS L. FRIEDMAN, J.

The defendant Gold Key Lines, Incorporated, moves to set aside and vacate the service of a summons upon it on the following grounds: (1) that it is a foreign corporation not doing business in New York, and (2) that the person served is not a managing agent of the defendant corporation.

In view of the contentions raised by the moving papers, a hearing was held and based upon the testimony taken at such hearing, the court finds...

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