A. Colish, Inc. v. Professional Press, Inc.

Appellate Division of the Supreme Court of New York

A. Colish, Inc. v. Professional Press, Inc.

57 A.D.2d 563, 393 N.Y.S.2d 584, 1977 N.Y. App. Div. LEXIS 11526

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 11, 1977

StatusPublished

This text of 57 A.D.2d 563 (A. Colish, Inc. v. Professional Press, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. Colish, Inc. v. Professional Press, Inc., 57 A.D.2d 563, 393 N.Y.S.2d 584, 1977 N.Y. App. Div. LEXIS 11526 (N.Y. Ct. App. 1977).

Pincite

Opinion

—In an action for the agreed price and reasonable value of work, labor and services, plaintiff appeals from (1) an order of the Supreme Court, Westchester County, entered October 26, 1976, which granted the branch of defendant’s motion which sought dismissal of the complaint on the ground of lack of in personam jurisdiction and (2) a further order of the same court, entered December 21, 1976, which denied its renewal motion. Appeal from the order entered October 26, 1976 dismissed as academic. This order was superseded by the order made on renewal on new facts. Order entered December 21, 1976 affirmed. Defendant-respondent is awarded one bill of $50 costs and disbursements to cover both appeals. Plaintiff has failed to establish that defendant was transacting business within this State (see CPLR 302, subd [a], par 1; McKee Elec. Co. v Rauland-Borg Co., 20 NY2d 377, 382; Aero-Brocker Knitting Mills v Allied Fabrics Corp., 54 AD2d 647; Concrete Detailing Serv. v Thomsson Steel Co., 411 F Supp 1021). Margett, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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—In an action for the agreed price and reasonable value of work, labor and services, plaintiff appeals from (1) an order of the Supreme Court, Westchester County, entered October 26, 1976, which granted the branch of defendant’s motion which sought dismissal of the complaint on the ground of lack of in personam jurisdiction and (2) a further order of the same court, entered December 21, 1976, which denied its renewal motion. Appeal from the order entered October 26, 1976 dismissed as academic. This order was superseded by the order made on renewal on new facts. Order entered December 21, 1976 affirmed. Defendant-respondent is awarded one bill of $50 costs and disbursements to cover both appeals. Plaintiff has failed to establish that defendant was transacting business within this State (see CPLR 302, subd [a], par 1; McKee Elec. Co. v Rauland-Borg Co., 20 NY2d 377, 382; Aero-Brocker Knitting Mills v Allied Fabrics Corp., 54 AD2d 647; Concrete Detailing Serv. v Thomsson Steel Co., 411 F Supp 1021). Margett, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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Bluebook (online)

57 A.D.2d 563, 393 N.Y.S.2d 584, 1977 N.Y. App. Div. LEXIS 11526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-colish-inc-v-professional-press-inc-nyappdiv-1977.

Opinion

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