20 A.D.2d 819 | N.Y. App. Div. | 1964
In an action to enjoin defendants with respect to certain real property, and for other relief, defendants appeal from an order of the Supreme Court, Nassau County, entered June 26, 1962, which denied their motion, made upon a special appearance and after a hearing, to set aside the service of the summons and to strike out the first, second and third causes of action in the verified complaint. Order reversed on the law, without costs; and motion granted, without costs, to the extent of vacating the'service of the summons. Service of the summons and complaint was purportedly effected on one John McCarthy in the Pennsylvania offices of the defendant foreign corporations. The appeal is concerned only with jurisdiction over the defendant corporations. At the traverse, the plaintiff corporation’s president testified he had been told by defendant corporations’ president that McCarthy “ was also an officer of the corporation.” Plaintiff’s president did not identify the office McCarthy allegedly held in the defendant corporations, but said he was counsel to defendant corporations. On cross-examination, plaintiff’s president admitted he was not sure of the exact