PARKE-BERNET GALLERIES v. FRANKLYN


31 A.D.2d 276 (1969)

Parke-Bernet Galleries, Inc., Appellant, v. Robert A. Franklyn, Respondent

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

February 6, 1969.


Attorney(s) appearing for the Case

Marshall C. Berger of counsel (Edward C. Wallace and Myron J. Meadow with him on the brief; Weil, Gotshal & Manges, attorneys), for appellant.

Theodore Ellenoff of counsel (Gartenberg & Ellenoff, attorneys), for respondent.

STEVENS, P. J., and EAGER, J., concur with TILZER, J.; McNALLY, J., dissents in opinion.


TILZER, J.

Again the question is posed as to how long is our long-arm statute — whether personal jurisdiction was acquired over the California defendant under CPLR 302 (subd. [a], par. 1) through telephone calls and correspondence had with the plaintiff-appellant, a New York auctioneer of works of art. At the time of the auction, an open telephone line was established between the defendant in California...

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