COHEN v. HABERKORN


30 A.D.2d 530 (1968)

Irwin Cohen, Appellant, v. Peter Haberkorn et al., Respondents

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

May 6, 1968


Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and motion denied, without prejudice to any motion which defendants may be advised to make to open their default, upon a proper showing that the default was excusable and that a meritorious defense exists.

A nondomiciliary who enters this State to receive medical treatment thereby "transacts * * * business within the state," within the meaning of CPLR 302 (subd. [a...

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