Citation Numbers: 2 Misc. 2d 939
Judges: Hudson
Filed Date: 1/19/1955
Status: Precedential
Modified Date: 2/5/2022
The defendant has made a motion to dismiss the complaint under rule 106 of the Rules of Civil Practice on the ground that the court has not jurisdiction over the defendant and further that the person upon whom service of the summons and complaint was made was not in charge of any business in which the defendant is engaged within the State of Hew York.
The supporting affidavit submitted by the attorneys for the defendant recites:
“ That he (defendant) is not the record owner of any property within the State of Hew York.
“ That the person upon whom the Summons and Complaint was served, namely, Augusta M. Scholl, is not an employee of the defendant, nor is she in charge of any business of the defendant within the State of Hew York. That for these reasons defendant objects to the jurisdiction of the Court and also objects to the service of the Summons and Complaint in accordance with Section 229 B of the Civil Practice Act.”
Order accordingly.