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Roesler v. Sonne

12 A.D.2d 601 Court N.Y. App. Div. Decision date 1960-12-13 English

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p. 601
Norbert Roesler et al., as Trustees, Plaintiffs, v. H. Christian Sonne, Individually and as Trustee, Defendant and Third-Party Plaintiff-Respondent-Appellant. N. V. Nederlandsche Standaard-Bank, Third-Party Defendant-Appellant-Respondent. South Ridge Corporation, Plaintiff, v. Amsinck Sonne Corporation, Defendant, and H. Christian Sonne, Individually and as Trustee, Impleaded-Defendant and Third-Party Plaintiff-Respondent-Appellant. N. V. Nederlandsche Standaard-Bank, Third-Party Defendant-Appellant-Respondent.

Orders entered December 5, 195-8, in each of the above-entitled actions unanimously reversed on the law, with $20 costs and disbursements to the third-party defendant in each action, and the motions to set aside service of the summons and third-party complaints and to strike out the third-party complaints granted, with $10 costs. A foreign corporation may consent to jurisdiction by designating a person to accept process on its behalf. Such consent and authorization, however, must be clear and unequivocal. The March 19, 1957 letter, upon which the third-party plaintiff predicates his claim of jurisdiction by consent, does not meet this test. Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ.