Dobb Pharmacal Co. v. White Cross Stores, Inc.

Appellate Division of the Supreme Court of New York

Dobb Pharmacal Co. v. White Cross Stores, Inc.

47 A.D.2d 643, 364 N.Y.S.2d 13, 1975 N.Y. App. Div. LEXIS 8817

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

DecidedFebruary 10, 1975

StatusPublished

This text of 47 A.D.2d 643 (Dobb Pharmacal Co. v. White Cross Stores, 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

Dobb Pharmacal Co. v. White Cross Stores, Inc., 47 A.D.2d 643, 364 N.Y.S.2d 13, 1975 N.Y. App. Div. LEXIS 8817 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover for goods allegedly sold to defendants, they appeal from an order of the Supreme Court, Rockland County, dated May 15, 1974, which denied their motion to dismiss the complaint for lack of personal jurisdiction. Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for a hearing on the jurisdictional issue and a new determination. The affidavits herein having raised substantial issues of fact as to the purported ownership by White Cross Stores, Inc. (a Pennsylvania corporation) of property in New York in connection with the contract in suit, which ownership would be tantamount to a transaction of business in this State for the purposes of our long-arm statute (CPLR 302, subd. [a], par. 1; Millner Co. v. Noudar, Lda., 24 A D 2d 326; cf. Parhe-Bernet Galleries v. Franlclyn, 26 N Y 2d 13, 16), it follows that a hearing will be necessary in order to completely resolve the jurisdictional question (see Agrashell, Inc. v. Bernard Sirotta Co., 344 F. 2d 583; Perlman v. Martin, 70 Mise 2d 169; cf. Millner Co. v. Noudar, Lda., supra). Hopkins, Acting P. J., Latham, Christ, Benjamin and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover for goods allegedly sold to defendants, they appeal from an order of the Supreme Court, Rockland County, dated May 15, 1974, which denied their motion to dismiss the complaint for lack of personal jurisdiction. Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for a hearing on the jurisdictional issue and a new determination. The affidavits herein having raised substantial issues of fact as to the purported ownership by White Cross Stores, Inc. (a Pennsylvania corporation) of property in New York in connection with the contract in suit, which ownership would be tantamount to a transaction of business in this State for the purposes of our long-arm statute (CPLR 302, subd. [a], par. 1; Millner Co. v. Noudar, Lda., 24 A D 2d 326; cf. Parhe-Bernet Galleries v. Franlclyn, 26 N Y 2d 13, 16), it follows that a hearing will be necessary in order to completely resolve the jurisdictional question (see Agrashell, Inc. v. Bernard Sirotta Co., 344 F. 2d 583; Perlman v. Martin, 70 Mise 2d 169; cf. Millner Co. v. Noudar, Lda., supra). Hopkins, Acting P. J., Latham, Christ, Benjamin and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.2d 643, 364 N.Y.S.2d 13, 1975 N.Y. App. Div. LEXIS 8817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobb-pharmacal-co-v-white-cross-stores-inc-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack