FERRANTE EQUIP. v. LASKER-GOLDMAN


31 A.D.2d 355 (1969)

Ferrante Equipment Company, Plaintiff, v. Lasker-Goldman Corporation et al., Respondents Lasker-Goldman Corporation, Third-Party Plaintiff-Respondent, v. Hanover Insurance Company, Third-Party Defendant-Respondent Hanover Insurance Company, Fourth-Party Plaintiff-Respondent, v. Anchor Construction Co., Inc., et al., Fourth-Party Defendants, and Anthony J. Ferrante, Fourth-Party Defendant-Appellant

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

March 11, 1969.


Attorney(s) appearing for the Case

Frederick Cohen of counsel (M. Carl Levine, Morgulas & Foreman, attorneys), for appellant.

Henry J. Wallach of counsel (Hart & Hume, attorneys), for Hanover Insurance Company, fourth-party plaintiff-respondent.

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


TILZER, J.

This is not a case where a nonresident defendant's minimal contacts with New York were such as to subject him to the jurisdiction of the courts of this State. The fourth-party defendant-appellant's only act affecting this State was his execution in his domicile, the State of New Jersey, of an indemnity agreement personally indemnifying the fourth-party plaintiff-respondent insurance company against losses it might sustain arising out of a subcontract...

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