Opinion
March 14, 1956
Appeal from the Chautauqua Special Term.
Present — McCurn, P.J., Vaughan, Wheeler, Williams and Bastow, JJ.
Order reversed, with $10 costs and disbursements and matter remitted to Special Term for further proceedings in accordance with the memorandum. Memorandum: The question whether appellant was "doing business" within this State, so as to be subject to service of process here, should not have been determined on the affidavits alone. On this record it is also impossible to determine whether appellant's salesman, Greck, was its "managing agent" within the meaning of section 229 of the Civil Practice Act. A hearing should be had, at which the precise nature, magnitude, and regularity of appellant's activities within this State may be shown, and the precise authority of Greck and his relationship to the appellant may be revealed. The order is reversed and the matter remitted to the Special Term for the taking of testimony as provided by section 237-a of the Civil Practice Act. All concur.