Addison C. Thorne and Others, on Behalf of Themselves and All Other Stockholders Similarly Situated and on Behalf of Brand's Restaurant Control Corporation, Respondents, v. H. Russell Brand and Others, Defendants, and Brand's Restaurant Control Corporation, Appellant

Addison C. Thorne and Others, on Behalf of Themselves and All Other Stockholders Similarly Situated and on Behalf of Brand’s Restaurant Control Corporation, Respondents, v. H. Russell Brand and Others, Defendants, and Brand’s Restaurant Control Corporation, Appellant. [MAJORITY] Order denying the motion of defendant Brand’s Restaurant Control Corporation to vacate the service of a summons and complaint, made on it by service on the Secretary of State pursuant to section 217 of the General Corporation Law, affirmed, with ten dollars costs and disbursements, on the authority of Irving Trust Co. v. Miss L. Brogan, Inc. (247 App. Div. 275), with leave to said defendant to answer within ten days from the entry of the order hereon. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.