LEGROS v. IRVING


77 Misc.2d 497 (1973)

Fernand Legros, Plaintiff, v. Clifford Irving et al., Defendants.

Supreme Court, New York County.

May 18, 1973


Attorney(s) appearing for the Case

Maass, Levy, Friedman, Hirsch & Stern (Joel S. Stern of counsel), for Elmyr deHory, defendant. Stroock & Stroock & Lavan (Charles G. Moerdler, Nathan Z. Dershowitz and Stephen A. Block of counsel), for plaintiff.


ABRAHAM J. GELLINOFF, J.

Defendant Elmyr deHory moves to dismiss the complaint and to vacate a default judgment entered against him on the ground that the court lacks personal jurisdiction over him. In the alternative, deHory seeks to vacate the default judgment and to defend on the merits. The primary issue is whether the cause of action alleged by plaintiff arises from the transaction by deHory of "any business within the state" either "in person or...

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