McGOWAN v. SMITH


72 A.D.2d 75 (1979)

Gerard F. McGowan, Individually and as Parent and Natural Guardian of Gerard A. McGowan, an Infant, Respondent, v. Elton Smith et al., Respondents Adam, Meldrum & Anderson Co., Inc., Third-Party Plaintiff-Respondent, v. Frederick Atkins, Inc., Third-Party Defendant-Respondent, and Mogi Trading Company, Third-Party Defendant-Appellant

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

December 21, 1979


Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Andrew D. Merrick of counsel), for appellant.

Cox, Barrell, Walsh, Roberts & Grace (Gerald Grace, Jr., of counsel), for Elton Smith and another, respondents.

Hurwitz & Fine, P. C. (James Gauthier of counsel), for Adam, Meldrum & Anderson Co., Inc., respondent.

SIMONS, J. P., HANCOCK, JR., SCHNEPP and WITMER, JJ., concur.


DOERR, J.

This case calls for yet another interpretation of CPLR 302, New York's "long arm" statute dealing with personal jurisdiction over nondomiciliary defendants.

On July 28, 1971 Gerard Anthony McGowan, a resident of the State of New York and the son of plaintiff, was visiting the temporary summer residence of defendants Elton and Jill Smith in Point Abino, Ontario. During this visit a fondue pot...

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