Appellate Division of the Supreme Court of New York, 1957

Miller v. Surf Properties, Inc.

Appellate Division of the Supreme Court of New York · Decided December 9, 1957 · Appellant, Beldoek, Constitute, Doing, Grant, Hallinan, Here, Kleinfeld, Motion, Murphy, Nolan, Presented, State, Vote, Within

5 A.D.2d 684; 169 N.Y.S.2d 430; 1957 N.Y. App. Div. LEXIS 3700

Opinion of the Court

In an action to recover damages for personal injuries, the appeal is from an order of an Official Referee denying, after a hearing, a motion to set aside the service in this State of a summons on one claimed to be the managing agent of appellant, a Florida corporation. By stipulation of the parties the motion was referred to the Official Referee to hear and determine. Order affirmed, with $10 costs and disbursements. No opinion.

Murphy, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Beldoek, J., dissent and vote to reverse the order and to grant the motion, with the following memorandum: On the facts here presented, appellant’s activities within this State do not constitute the doing of business here.

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