
    Alex Caron and Others, Respondents, v. Seidenbach’s, Appellant.
    Supreme Court, Appellate Term, First Department,
    December 20, 1923.
    Corporations — foreign corporations — motion to vacate judgment on ground it was rendered without legal service of summons — testimony of defendant’s president sufficient to establish that defendant is foreign corporation and not doing business in this State.
    Defendant’s motion for the vacation of a judgment upon the ground that it was rendered without legal service of a summons, should be granted, where it appears conclusively from the testimony of defendant’s president, who was not cross-examined or contradicted, that the defendant, an Oklahoma corporation, is engaged in business in that State and is not doing business within this State.
    Appeal by defendant, a foreign corporation, from an order of the Municipal Court, Borough of Manhattan, Sixth District, denying its motion to vacate the judgment upon the ground that it was rendered without legal service of summons.
    
      Siegel & Corn [Isaac Siegel of counsel], for the appellant.
    
      Bernard J. Becker [Aaron G. Mintz of counsel], for the respondents.
   Per Curiam:

It appeared conclusively on the hearing by the testimony of defendant’s president that the corporation is organized under the laws of Oklahoma, is engaged in the retail business in the city of Tulsa in that State and has no other place of business and is not doing business in New York.

Respondents seek to sustain the order on the plea that defendant did not adequately prove the facts hereinabove recited, but they were testified to by defendant’s president as of his own knowledge without any suggestion of an objection to the form of the questions or the answers. There was no cross-examination, and plaintiff did not undertake to offer any proof to the contrary.

Order reversed, with ten dollars costs and motion granted, with ten dollars costs

All concur; present, Guy, Buur and Delehanty, JJ.  