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CHASAN v. CARUSO SPAGHETTI PLACE, ETC.

55 F.Supp. 831 (1943)

CHASAN v. CARUSO SPAGHETTI PLACE, INC., OF NEW JERSEY.

District Court, S. D. New York.

December 18, 1943.

Attorney(s) appearing for the Case

S. Joseph Oxenberg, of New York City, for plaintiff.

Sullivan, Donovan & Heenehan, of New York City, for defendant.

BONDY, District Judge.

The defendant moves to dismiss the action on the ground that it does not carry on any business in the State of New York and is not present in the State of New York and is not amenable to the jurisdiction of this court.

The facts upon which plaintiff relies to establish defendant's presence within the State are that checks in payment of all its obligations are drawn in this State, however on a bank in Newark; that the two stockholders...

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