Citations
- 123 F. Supp. 309
Full opinion text
NOONAN, District Judge.
A third party defendant, Maher Stevedoring Corporation, moves to quash the return of service and to vacate the third-party summons and complaint in this action on the ground that it is not subject to service of process within the State of New York.
The moving party is a corporation organized and existing under the laws of the State of New Jersey. Its principal office is located in Port Newark, New Jersey. It has no office of its own for the conduct of its business in New York. Nevertheless, certain facts that must be considered include the following:
1. Maher Stevedoring Corporation, the New Jersey corporation, is wholly owned by Michael E. Maher who is also the sole owner of a New York corporation which formerly had the identical name as the New Jersey corporation but whose name was changed to Maher Stevedoring Co., Inc., two months after service in this action.
2. It was the intention of Mr. Maher, sole owner of both corporations that the New York corporation was to “sub-contract” work to be done in New Jersey to the New Jersey corporation.
3. The New Jersey corporation paid