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Kitty Kelly Stores, Inc. v. Edison New York Stores

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 563 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Order referring to an official referee a motion to set aside service of the summons on the appellant, a foreign corporation, in an action to restrain the violation of a covenant contained in a lease, affirmed, with ten dollars costs and disbursements. Lazansky, P.J., Young, Scudder and Tompkins, JJ., concur; Davis, J., dissents on the ground that there appears to be no question of fact to be submitted to the official referee. The record shows fully the facts concerning the manner of doing business of the defendant, and in my opinion the motion to set aside the service of process should have been granted.


Summaries of

Kitty Kelly Stores, Inc. v. Edison New York Stores

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 563 (N.Y. App. Div. 1934)
Case details for

Kitty Kelly Stores, Inc. v. Edison New York Stores

Case Details

Full title:KITTY KELLY STORES, INC., Respondent, v. EDISON NEW YORK STORES, INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1934

Citations

243 App. Div. 563 (N.Y. App. Div. 1934)