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LIBERTY CAPITAL v. RICH

78 A.D.2d 342 (1981)

Liberty Capital Group, Appellant-Respondent, v. Richard P. Rich, Respondent-Appellant

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

January 13, 1981

Attorney(s) appearing for the Case

Michael M. Connery of counsel (John D. Feerick and Joseph DeGiuseppe with him on the brief; Skadden, Arps, Slate, Meagher & Flom, attorneys), for appellant-respondent.

Joseph Sternberg of counsel (William A. Kass with him on the brief; Kass, Goodkind, Wechsler & Labaton and Rich & Ezer, attorneys), for respondent-appellant.

KUPFERMAN, J. P., and CARRO, J., concur with LUPIANO, J.; BIRNS and FEIN, JJ., concur in an opinion by FEIN, J.

LUPIANO, J.

Special Term granted defendant's cross motion for an order dismissing the action and denied plaintiff's motion for summary judgment in lieu of complaint (CPLR 3213) on the ground that it lacked in personam jurisdiction over the defendant. Plaintiff, a Connecticut partnership, and defendant, a California resident, entered into a complex letter agreement, dated April 14, 1977, which in its introductory...

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