Miller v. Surf Properties, Inc.

5 A.D.2d 684 Court N.Y. App. Div. Decision date 1957-12-09 English

Judges Murphy, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Beldoek, J., dissent and vote to reverse the order and to grant the motion, with the following memorandum: On the facts here presented, appellant’s activities within this State do not constitute the doing of business here.

Majority

p. 684

Annabelle Miller, Respondent, v. Surf Properties, Inc., Doing Business as Belmar Hotel of Miami Beach, Appellant.

In an action to recover damages for personal injuries, the appeal is from an order of an Official Referee denying, after a hearing, a motion to set aside the service in this State of a summons on one claimed to be the managing agent of appellant, a Florida corporation. By stipulation of the parties the motion was referred to the Official Referee to hear and determine. Order affirmed, with $10 costs and disbursements. No opinion.

Murphy, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Beldoek, J., dissent and vote to reverse the order and to grant the motion, with the following memorandum: On the facts here presented, appellant’s activities within this State do not constitute the doing of business here.