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CARBONE v. FORT ERIE CLUB

47 A.D.2d 337 (1975)

Christie Carbone, Respondent, v. Fort Erie Jockey Club, Ltd., Appellant

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

April 17, 1975

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Bruce R. Fenwick of counsel), for appellant.

Norman B. Lewis, P.C. (Benjamin J. Hoey of counsel), for respondent.

MARSH, P.J., MOULE, DEL VECCHIO and WITMER, JJ., concur.

MAHONEY, J.

The question presented on this appeal is whether defendant, Fort Erie Jockey Club, Ltd., the owner and operator of a horse racing track at Fort Erie in the Province of Ontario, Canada, has been conducting business within the State of New York so as to be subject to in personam jurisdiction in this State. Special Term held that such jurisdiction exists. We conclude that it does not.

Plaintiff...

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