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West v. Harlan & Hollingsworth Corp.

149 N.Y.S. 377 Court N.Y. App. Div. Decision date 1914-10-16 Docket No. 6150 English

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p. 377
WEST v. HARLAN & HOLLINGSWORTH CORPORATION et al.
(No. 6150.)
(Supreme Court, Appellate Division, First Department.
October 16, 1914.)

Headnote

Corporations (§ 665*) — Foreign Corporations — Right to Sue — Jurisdiction.
A foreign corporation cannot be sued in New York, nor can service of summons upon it in that state be sustained, as conferring jurisdiction on the New York courts, unless it appears that the corporation has property within the state.
[Ed. Note. — For other cases, see Corporations, Cent. Dig. §§ 2571, 2573, 2595-2600, Dec. Dig. §' 665.*]
Appeal from Special Term, New York County.
Action by Frank West against the Harlan & Hollingsworth Corporation, impleaded, etc. From an order denying defendant’s motion to set aside service of summons and complaint, it appeals.
Reversed.
See, also, 148 N. Y. Supp. 1150 .
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
William H. Button, of New York City, for appellant.
Alexander A. Mayper, of New York City, for respondent.

The order appealed from is reversed, with $10 costs and disbursements, and the motion granted, with $10 costs, upon the ground that it does not appear that the defendant corporation had property within this state.