AMIGO FOODS CORP. v. MARINE MIDLAND BANK-NEW YORK


48 A.D.2d 628 (1975)

Amigo Foods Corp., Respondent, v. Marine Midland Bank-New York et al., Defendants. E. H. Parent, Inc., et al., Cross-Appellants; Aroostook Trust Company, Appellant

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

May 15, 1975


The majority of the court is of the view that jurisdiction over Aroostook cannot be sustained under any of the subdivisions of CPLR 302, which are relied upon by plaintiff, and the defendants-cross-appellants, the Parents. The section simply does not reach Aroostook. CPLR 302 (subd [a], par 1) requires the transaction of business here; CPLR 302 (subd [a], par 2) requires the commission of a tortious act here and CPLR 302 (subd [a], par 3) is based upon a tortious act committed...

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