CENT. PUB. CO. v. WITTMAN


283 A.D. 492 (1954)

Central Publishing Company, Inc., Respondent, v. Gaenelle Wittman et al., Doing Business as TV Spotlight Publications, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1954.


Attorney(s) appearing for the Case

Francis Finkelhor, appearing specially for appellants.

David N. Fields for respondent.

PECK, P. J., DORE and BASTOW, JJ., concur in Per Curiam opinion; BREITEL, J., dissents and votes to affirm in opinion, in which BERGAN, J., concurs.


Per Curiam.

Plaintiff is a foreign corporation organized under the laws of Indiana without authority to do business within the State of New York; both defendants are nonresidents of the State of New York and residents of Indianapolis, Indiana; the contract sued upon was made, was to be performed and allegedly was breached by defendants in Indiana. On all the facts disclosed, we think the interests of justice, the convenience...

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