133 Misc. 890 | City of New York Municipal Court | 1929
The facts as found by the referee are substantially as follows: David Oransky, an officer of the defendant corporation, the owner of a department store in Des Moines, Iowa, was served with a summons in an action in this court while in the city of New York. The action is for breach of a written contract of employment, pursuant to which plaintiff acted as defendant’s representative in the city of New York. The defendant appeared specially and moved to vacate the service of the summons on the ground that the court has no jurisdiction, its contention being that it has not filed a certificate permitting it to do business within the State and that it is not doing business within the State so as to manifest its presence here and make it amenable to the process of the State. David Oransky, the secretary of defendant corporation, came to New York once, twice or three times a year on the business of the corporation, according to seasonal requirements of defendant’s business. There are about ten other buyers of the corporation who came to New York
See, also, Laws ol‘ 1929, chap. 650, revising General Corporation Law generally.— [Rep.