On appeal from both orders the Appellate Division unanimously reversed and dismissed the complaint saying in an opinion that although Fisk had been dissolved yet under the law of Delaware the corporation continues in existence for three years "for the purpose of prosecuting and defending suits," and that "this practical disposition [a dismissal of the complaint] is made in view of the concession that service cannot be had upon the Fisk Rubber Corporation in this jurisdiction." ( 262 App. Div. 42, 44.) The appeal from the order to cause Fisk to be made a party was dismissed as academic.
Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 858.] Motion for reargument of the appeal from the order dated February 5, 1941 [ 262 App. Div. 42], denying appellants' motion to require plaintiff to bring in as a party defendant The Fisk Rubber Corporation, referred to the court which rendered the decision.