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JOHNSON v. EQUITABLE LIFE ASSUR. SOC.

22 A.D.2d 138 (1964)

Joanne Johnson, as Administratrix of The Estate of Ulysses Johnson, Deceased, et al., Plaintiffs, and Mary Szczerba, as Administratrix of The Estate of Nick Szczerba, Deceased, Respondent, v. Equitable Life Assurance Society of the United States, et al., Defendants, and Michigan Tool Company, Appellant. Equitable Life Assurance Society of the United States, Third-Party Plaintiff-Respondent, v. Skidmore, Owings & Merrill, et al., Third-Party Defendants, and Michigan Tool Company, Third-Party Defendant-Appellant

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

December 3, 1964.

Attorney(s) appearing for the Case

John M. Aherne of counsel (James J. Taylor with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for appellant.

Emile Z. Berman of counsel (Leonard Sheft and Paul M. Brown with him on the brief; Emile Z. Berman and A. Harold Frost, attorneys), for Equitable Life Assurance Society of United States, respondent.

Kramer & Dillof, attorneys for Mary Szczerba, as administratrix, respondent.

BREITEL, J. P., VALENTE, McNALLY, STEUER and WITMER, JJ., concur.

Per Curiam.

Third-party defendant Michigan Tool Company appeals from an order denying its motion to dismiss the third-party complaint, in this wrongful death action, under CPLR 320 (subd. [b]) and 3211 (subd. [a], par. 8). The issue is whether Michigan Tool as a nondomiciliary located in the State of Michigan and not doing business in the State of New York is subject to the personal jurisdiction of the courts of this...

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