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STIMLER v. YOSHIDA SHOJI CO.

195 F.Supp. 671 (1961)

Louis STIMLER, Mannie Stimler and G. & G. Caribe Manufacturers, Inc., Plaintiffs, v. YOSHIDA SHOJI CO., Ltd. and Yoshida Kogyo Kabushiki Kaisha (a/k/a Yoshida Kogyo Company, Ltd.), Defendants.

United States District Court S. D. New York.

July 31, 1961.

Attorney(s) appearing for the Case

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for defendants; George Yamaoka, Francis Y. Sogi, William F. Suglia, New York City, of counsel.

Frederick E. M. Ballon, New York City, for plaintiffs.

MacMAHON, District Judge.

Defendants, two Japanese corporations, removed this action from Supreme Court, New York County, and now move to vacate service of the summons and complaint on the ground that they are not doing business in New York.

There is no merit to plaintiffs' assertion that mere removal by defendants constitutes a waiver of their right to object to the insufficiency of process. Cain v. Commercial Publishing Co., 1913, 232 U.S...

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