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KAVAKIS v. TOTAL CARE SYS.

209 A.D.2d 480 (1994)

619 N.Y.S.2d 634

James Kavakis, Respondent, v. Total Care Systems, Defendant, and Cleasby Manufacturing Company, Inc., Appellant. (And a Third-Party Action.)

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

November 14, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly found that the plaintiff had acquired personal jurisdiction over the defendant Cleasby Manufacturing Company, Inc. (hereinafter Cleasby), pursuant to CPLR 302 (a) (3) (ii) (see, Darienzo v Wise Shoe Stores, 74 A.D.2d 342).

Since the defendant was able to submit reply papers, the Supreme Court did not improvidently...

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