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REINER & CO. v. SCHWARTZ

49 A.D.2d 58 (1975)

George Reiner and Co., Inc., Appellant, v. Arnold Schwartz, Respondent

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

July 24, 1975

Attorney(s) appearing for the Case

Harvey M. Lifset for appellant.

William A. Sekellick for respondent.

SWEENEY and REYNOLDS, JJ., concur with KANE, J.; HERLIHY, P. J., and MAIN, J., dissent and vote to affirm in an opinion by HERLIHY, P. J.

KANE, J.

The sole issue on this appeal is whether Special Term was correct in dismissing plaintiff's complaint on the ground that defendant was not subject to jurisdiction under the "long-arm" statute (CPLR 302, subd [a], par 1). It is undisputed that plaintiff, a New York corporation, engaged the services of the defendant, a nondomiciliary, to sell its line of products in the New England area. Plaintiff's present...

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