The aspects of this appeal in which we affirm the actions taken by Special Term are not discussed. The defendant Hearne was served pursuant to CPLR 302 (subd. [a]) in Texas. His sole connection with the instant matter is that as attorney for defendant Crook he retained a New York attorney to represent his client in the making of a stipulation to be used in an action pending in Texas. This is neither the performance of any act within the State or the transaction of any business...
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