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AGRASHELL, INC. v. BERNARD SIROTTA COMPANY

No. 63-C-206.

229 F.Supp. 98 (1964)

AGRASHELL, INC., Plaintiff, v. BERNARD SIROTTA COMPANY, Edwin M. Sirotta and Milton A. Sirotta, Defendants and Third-Party Plaintiffs, v. HAMMONS PRODUCTS COMPANY, Third-Party Defendant.

United States District Court E. D. New York.

May 5, 1964.

Attorney(s) appearing for the Case

Albert C. Johnston, New York City, for plaintiff.

Edward Halle, Garden City, N. Y., for defendants and third-party plaintiffs; David F. Cohen, New York City, of counsel.

Lawrence C. Moore, New York City, for third-party defendant.

BARTELS, District Judge.

This is a motion to quash service on the third-party defendant and to dismiss the third-party complaint. Involved is the question whether the acts of the non-domiciliary third-party defendant in relation to the State of New York, fall within the category of transacting "any business within the State" subjecting it to personal jurisdiction within the State pursuant to Section 302 of the Civil Practice Law and Rules.

The original action...

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