STEWART v. VOLKSWAGEN OF AM.


181 A.D.2d 4 (1992)

Geca Stewart et al., Respondents, v. Volkswagen of America, Inc., et al., Defendants, and Volkswagen Werk Aktien-Gesellschaft, Appellant

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

June 15, 1992


Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C. (Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for appellant.

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for respondents.

ROSENBLATT, LAWRENCE and O'BRIEN, JJ., concur in a Per Curiam opinion; HARWOOD, J. P., dissents in a separate opinion.


Per Curiam.

The defendant Volkswagen Werk Aktien-Gesellschaft (hereinafter VWAG), is a German corporation, not authorized to do business in New York. Thus, the plaintiffs, in attempting to serve VWAG with process in this action, utilized the procedure set forth in Business Corporation Law § 307 for service of process on a foreign corporation unauthorized to do business in this State.

Business Corporation Law ...

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