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BATA SHOE v. SEGARRA E HIJOS

58 A.D.2d 133 (1977)

Bata Shoe Company, Inc., Respondent, v. Silvestre Segarra E Hijos, S. A., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1977

Attorney(s) appearing for the Case

Richard D. Gaines of counsel (Theodore R. Patrick with him on the brief; Davis, Stafford, Kellman & Fenwick, attorneys), for appellant.

Floyd S. Weil of counsel (Seligman & Seligman, attorneys), for respondent.

BIRNS, J. P., CAPOZZOLI and MARKEWICH, JJ., concur.

EVANS, J.

The defendant is a Spanish corporation which sells its product in the United States, but has no offices in New York and is not authorized to do business in New York. In an action for money damages because of defendant's failure to deliver certain goods, and in which service could not be effected on the defendant in Spain, plaintiff obtained an order of attachment authorizing the sheriff to levy upon any property

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