Tom Lyons Trucking, Inc. v. De Salve Service

Appellate Division of the Supreme Court of New York

Tom Lyons Trucking, Inc. v. De Salve Service

91 A.D.2d 827, 458 N.Y.S.2d 206, 1982 N.Y. App. Div. LEXIS 19730

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1982·Published

Opinion

— Order unanimously affirmed, with costs, for the reasons stated in the memorandum decision at Special Term (Kasler, J.). We add only that since the complaint does not allege a cause of action arising from the acts in New York of one Ken Winters, who is claimed by plaintiff to have acted as defendant’s agent, there is no basis for jurisdiction over defendant under CPLR 302 (subd [a], par 1). (Appeal from order of Supreme Court, Erie County, Kasler, J. — dismiss complaint.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Boomer, JJ.

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— Order unanimously affirmed, with costs, for the reasons stated in the memorandum decision at Special Term (Kasler, J.). We add only that since the complaint does not allege a cause of action arising from the acts in New York of one Ken Winters, who is claimed by plaintiff to have acted as defendant’s agent, there is no basis for jurisdiction over defendant under CPLR 302 (subd [a], par 1). (Appeal from order of Supreme Court, Erie County, Kasler, J. — dismiss complaint.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Boomer, JJ.

Tom Lyons Trucking, Inc. v. De Salve Service, 91 A.D.2d 827, 458 N.Y.S.2d 206, 1982 N.Y. App. Div. LEXIS 19730 (N.Y. Ct. App. 1982).

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91 A.D.2d 827 (Tom Lyons Trucking, Inc. v. De Salve Service) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.