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MILLNER CO. v. NOUDAR, LDA.

24 A.D.2d 326 (1966)

A. Millner Company, Inc., Respondent, v. Noudar, Lda., Appellant

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

January 11, 1966.

Attorney(s) appearing for the Case

Frank O. Fredericks of counsel (Frank & Fredericks, attorneys; Frank O. Fredericks and Lawrence W. Pollack on the brief), for appellant.

Martin C. Seham of counsel (Kopple & Seham, attorneys), for respondent.

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

WITMER, J.

This is an appeal from an order denying defendant's motion to dismiss the complaint for lack of jurisdiction. The action is brought to recover damages for an alleged breach of contract by the defendant, a Portuguese corporation. Jurisdiction is dependent upon New York's new "long arm" statute, specifically CPLR 302 (subd. [a], par. 1) which provides as follows:

"(a) Acts which are the basis...

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