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FEATHERS v. McLUCAS

21 A.D.2d 558 (1964)

John Feathers et al., Appellants, v. Elizabeth McLucas, as Administratrix of The Estate of Robert J. McLucas, Deceased, et al., Defendants, and Darby Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 21, 1964.

Attorney(s) appearing for the Case

William H. Ivimey for appellants.

Dugan, Casey, Burke & Lyons (William J. Pentak of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

Per Curiam.

The question presented on this appeal is whether personal jurisdiction of defendant, the Darby Corporation, incorporated under the laws of the State of Kansas, the preliminary objection as to its misnomer having been withdrawn, was obtained under paragraph 2 of subdivision (a) of 302 CPLR by the service of the summons and complaint on its president in that State on September 4, 1963. Upon allegations that...

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