Alexander M. Hargrave and Long Island Vineyards, Inc., a New York Corporation v. Oki Nursery, Inc., a California Corporation

NICKERSON, District Judge:

The court’s opinion of December 19, 1980, held that plaintiffs’ first claim, asserting fraud, alleged a “tortious act without the state causing injury to person or property within the state” and thus justified in personam jurisdiction over defendant under New York Civil Practice Law and Rules (CPLR) § 302(a)(3). In a petition for rehearing defendant contends that the district court on remand has no power to consider the second through sixth claims, which are based on essentially the same facts as are alleged in the first claim and assert breach of contract, breach of…