ABKCO Industries, Inc. v. Lennon

Silverman, J. (dissenting in part).

I would dismiss this action as to defendant Starkey on the ground of lack of jurisdiction of the person of said defendant. I think that CPLR 301 is not a grant of jurisdiction beyond the jurisdiction that the New York State courts exercised before the adoption of the CPLR. As said defendant is a nonresident individual, he would not have been subject under the former Civil Practice Act to the jurisdiction of the New York courts by service outside the State in an in personam action not arising out of the transaction of business within State even though said…