Potter Real Estate Co. v. O & S Bearing & Mfg. Co., 1
| Decision Date | 27 June 1969 |
| Docket Number | No. 1,1 |
| Citation | 302 N.Y.S.2d 178,32 A.D.2d 883 |
| Court | New York Supreme Court — Appellate Division |
| Parties | POTTER REAL ESTATE CO., Inc., Appellant v. O & S BEARING & MFG. CO., Respondent. |
Hancock, Ryan, Shove & Hust, Donald Kemple, Syracuse, for appellant.
Bond, Schoeneck & King, James E. Wilbur, Syracuse, for respondent.
Before GOLDMAN, P.J., and MARSH, WITMER, MOULE, and BASTOW, JJ.
The court should not have considered the motion to dismiss for lack of jurisdiction until the plaintiff was permitted disclosure pursuant to CPLR 3211(d). The plaintiff was entitled to the opportunity to show that defendant was transacting business in New York State and, therefore, subject to jurisdiction under CPLR 302(a)(1). (Agrashell, Inc. v. Bernard Sirotta Co., 2 Cir., 344 F.2d 583; Crossley Glove Co., Inc. v. Wakefield Leathers, Inc., 30 A.D.2d 598, 290 N.Y.S.2d 319, and Lohne v. City of New York, 25 A.D.2d 440, 266 N.Y.S.2d 909.)
Order unanimously reversed without costs and motion denied.
To continue reading
Request your trial
-
Badger v. Lehigh Valley R. Co.
...disclosure where 'facts essential * * * may exist but cannot then be stated * * *'. As we stated in Potter Real Estate Co., Inc. v. O & S Bearing & Mfg. Co., 32 A.D.2d 883, 302 N.Y.S.2d 178, '(t)he plaintiff was entitled to the opportunity to show that defendant was transacting business in ......
-
Peterson v. Spartan Industries, Inc.
... ... 1 The Federal rule is addressed to motions for ... Enterprises v. American Export Isbrandtsen Co., S.D.N.Y., 289 F.Supp. 195, 196--197.) A rule ... (d)) is quite analogous. (See Potter Real [310 N.E.2d 515] Estate Co. v. O & S Bearing & Mfg. Co., 32 A.D.2d 883, 302 N.Y.S.2d 178.) It ... ...
-
Naples v. City of New York
...not be made, however, until Bertram shall have been afforded an opportunity to obtain disclosure (see Potter Real Estate Co. v. O & S Bearing & Mfg. Co., 32 A.D.2d 883, 302 N.Y.S.2d 178). ...
-
Peterson v. Spartan Industries, Inc.
... ... to confer jurisdiction under CPLR 302(a)(1) and (a)(3). Defendant has applied for several ... See Potter Real Estate Co., Inc., v. O & S Bearing & Mfg ... ...