Majority
p. 828Joseph A. Broderick, as Superintendent of Banks of the State of New York, Respondent, v. Ben Franklin Investment Corporation and “ Robert ” Hawley Truax, the First Name “ Robert ” Being Fictitious, etc., the Person Intended Being Known as R. Hawley Truax, Appellants.
Order in so far as it denies the motion of the defendant Ben Franklin Investment Corporation to set aside service of the summons and complaint upon it reversed, and motion granted; and as so modified the order appealed from is affirmed, without costs, with leave to the defendant R. Hawley Truax to answer within ten days from service of order. It clearly appears that the corporate defendant was not doing business in this State. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.