225 A.D. 484 | N.Y. App. Div. | 1929
Plaintiff is a foreign corporation. The defendant Colburn was residing in this State when served with the summons herein. The defendant Lincoln, though a non-resident, was served in this State. The complaint has been dismissed on the ground that the court had not jurisdiction of the action (Rules Civ. Prac. rule 107) which is brought to recover for a tort committed in the State of Vermont. Colburn, who took part in the commission of the tort, was at that time a resident of the State of Vermont.
A personal action sounding in tort is transitory. A non-resident
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Van Kirk, P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.
Order reversed on the law and facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.