PARKE-BERNET GALLERIES v. FRANKLYN


26 N.Y.2d 13 (1970)

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

Court of Appeals of the State of New York.

Decided January 8, 1970.


Attorney(s) appearing for the Case

Marshall C. Berger, Edward C. Wallace and Myron J. Meadow for appellant.

Theodore Ellenoff for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


Chief Judge FULD.

Whether the defendant "transact[ed] any business within the state" (CPLR 302) so as to subject him to the jurisdiction of the courts of New York "[a]s to a cause of action arising from" such activity, is the question presented by this appeal.

In March of 1967, the defendant, Dr. Robert A. Franklyn, who lives in California, received a catalogue from the plaintiff Parke-Bernet, a well-known...

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