EVEREST ENTERS. v. ALPHATAPE CO.


40 Misc.2d 393 (1963)

Everest Enterprises, Inc., Plaintiff, v. Alphatape Sales Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

June 11, 1963


Attorney(s) appearing for the Case

Walter Hofer for plaintiff.


ABRAHAM N. GELLER, J.

Upon the foregoing papers this motion for a temporary injunction, despite defendant's default on the return day thereof, must be denied for the reason that service of the order to show cause on the Secretary of State cannot be accepted as proper service on defendant corporation for the purpose of the drastic relief herein requested. Although "process" may be served on the Secretary of State...

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