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PASTORELLA v. CITY OF NEW YORK

182 A.D.2d 360 (1992)

Salvatore Pastorella et al., Plaintiffs, v. City of New York et al., Defendants, Galt Glass Laminates, Ltd., et al., Appellants, and Racal Acoustics, Ltd., Respondent

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

April 2, 1992

We agree with the IAS court that appellants failed to prove by a preponderance of the evidence that defendant Racal could have reasonably expected the sale of its helmets to have consequences in New York (Murdock v Arenson Intl. USA., 157 A.D.2d 110). Accordingly, there is no basis for jurisdiction over Racal under CPLR 302 (a) (3) (ii). We also agree with the IAS court that quite apart from the long arm statute, the exercise of...

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