Order, entered on July 10, 1964 herein appealed from, unanimously reversed, on the law, with $30 costs and disbursements to the appellant, and the motion to dismiss the third-party complaint granted, with $10 costs.
Under CPLR 302 (subd. [a], par. 2) a court may exercise "personal jurisdiction over any non-domiciliary * * * as to a cause of action" where the nondomiciliary "commits a tortious act within the state, except as to a cause of action for defamation of character...
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