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SARATOGA RACING ASSN. v. MOSS

26 A.D.2d 486 (1966)

Saratoga Harness Racing Association, Inc., Respondent, v. Jesse Moss et al., Defendants; David Buckson et al., Appellants

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

December 27, 1966.

Attorney(s) appearing for the Case

Jesse Moss, in person (Jesse Moss and Richard Allan of counsel), for appellants.

Dillon & Olson (N. Le Van Haver and David W. Morris of counsel), for respondent.

GIBSON, P. J., REYNOLDS, STALEY, JR., and BRINK, JJ., concur.

HERLIHY, J.

The appellants are nonresidents of the State of New York and were served outside of the State. The issue is whether or not there has been a showing that they committed a "tortious act within the state".

Subdivision (a) of CPLR 302, as pertinent, reads:

"§ 302. Personal jurisdiction by acts of non-domiciliaries. "(a) Acts which are the basis of jurisdiction. A court...

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