Opinion
October 29, 1962
In an action to recover damages for breach of warranty, plaintiff appeals from an order of the Supreme Court, Westchester County, made November 14, 1961 by an Official Referee after a hearing which granted the motion of the defendant, a foreign corporation, to vacate the service of the summons upon it on the grounds: (1) that it was not doing business in this State, and (2) that the person upon whom the summons was served was not its managing agent within the meaning of subdivision 3 of section 229 of the Civil Practice Act. Order affirmed, without costs ( Miller v. Surf Props., 4 N.Y.2d 475; Pennrich Co. v. Juniata Hosiery Mills, 247 N.Y. 592; Hamlin v. Barrett Co., 246 N.Y. 554; Ray D. Lillibridge, Inc. v. Johnson Bronze Co., 247 N.Y. 548; Neu v. Teen Time, 9 A.D.2d 961). Beldock, P.J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.