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Affiliated Enterprises, Inc. v. Colonial Theatre, Inc.

Affiliated Enters. v. Colonial Theatre, Inc., 165 Misc. 948 (N.Y. Sup. Ct. 1937)
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Court
New York Supreme Court · State Trial Courts
Decided
December 9, 1937
Judges
Steinbrink
Citations
165 Misc. 9481 N.Y.S.2d 1811937 N.Y. Misc. LEXIS 1058

Opinion of the Court — Steinbrink

Text extracted by OCR from a scanned original; check the original for exact wording.

Steinbrink, J.

The defendant, a foreign corporation, appears specially to vacate service of a summons and complaint on the ground that it was not at the time of such service subject to the jurisdiction of the courts of this State. The defendant is a New Jersey corporation, having its principal place of business in Orange, N. J. It has no office in the State of New York; it has no officer or agent resident in the State of New York. Its business is the exhibition of motion picture films in the State of New Jersey. Periodically the defendant’s president comes into the State of New York to purchase films and to make contracts for their purchase. It was upon one of such visits that the service was made. “ Visits on such business, even if occurring at regular intervals, would not warrant the inference that the corporation was present within the jurisdiction of the State.” (Rosenberg Bros. & Co. v. Curtis Brown Co., 260 U. S. 516, 518 ; 43 S. Ct. 170, 171 ; 67 L. Ed. 372 . See, also, Hoffman, Inc., v. Mode Shoppe, Inc., 138 Misc. 742 .)

The motion is granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1947: 11971: 119472026peak 1947 · 1

Relies on it most ⓘ

  1. Meunier v. Stebo, Inc.38 A.D.2d 590 (1971)
  2. Greenberg v. Lamson Bros.273 A.D. 57 (1947)

Most recent

  1. Meunier v. Stebo, Inc.38 A.D.2d 590 (1971)
  2. Greenberg v. Lamson Bros.273 A.D. 57 (1947)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rosenberg Bros. & Co. v. Curtis Brown Co., 260 U.S. 516 (1923) 223
Samuel Hoffman, Inc. v. Mode Shoppe, Inc., 138 Misc. 742 (1930) 3

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