Opinion
December 31, 1959
Appeal from so much of a resettled order as denied a motion to vacate the service of the summons and complaint on appellant, a foreign corporation, on the ground that it was not "doing business" here. Resettled order modified by striking therefrom everything beginning with the word "denied" in the second ordering paragraph and ending with the words "the Official Referee" and by substituting therefor the word "granted". As so modified, resettled order insofar as appealed from affirmed, without costs. In our opinion, appellant was not "doing business" in this State ( 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). Nolan, P.J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur. [ 18 Misc.2d 234.]