Legal Opinion
Winick v. Jackson
New York Supreme Court
Decided March 23, 1966PublishedCited by 11 opinions
1Opinion of the CourtFrank A. Gulotta, J.
Motion to strike defense as insufficient in law is denied.
The hiring of a New York attorney by an out-of-State domiciliary to represent her in a probate proceeding pending in this State does not constitute doing business within the State within the meaning of CPLR 302 (subd. [a], par. 1).
In Schneider v. J. & C. Carpet Co. (23 A D 2d 103) jurisdiction was sustained on the theory that the acts of the plaintiff himself, performed in New York as sales representative and employee of defendant, were defendant’s acts and attributable to it. That is not true of an attorney who is more in the position…
2Cases cited1 opinion
- McGee v. International Life InsuranceSupreme Court of the United States · 1957
3Cited by11 opinions
- Mouzavires v. BaxterDistrict of Columbia Court of Appeals · 1981
- Crescent Corporation v. MartinSupreme Court of Oklahoma · 1968
- Telephonic, Inc. v. RosenblumNew Mexico Supreme Court · 1975
- Plaza Realty Investors v. BaileyDistrict Court, S.D. New York · 1979
- Hertz, Newmark & Warner v. FischmanCivil Court of the City of New York · 1967
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