Legal Opinion

Parke-Bernet Galleries, Inc. v. Franklyn

New York Court of Appeals

Decided January 8, 1970PublishedCited by 322 opinions

1Opinion of the Court

Chief Judge Fuld.

Whether the defendant “ transact [ed] any business within the state ” (CPLB 302) so as to subject him to the jurisdiction of the courts of New York “ [a]s to a cause of action arising from ” such activity, is the question presented by this appeal.

In March of 1967, the defendant, Dr. Bobert A. Franklyn, who lives in California, received a catalogue from the plaintiff Parke-Bernet, a well-known auctioneer of works of art, describing certain paintings to be sold at an auction at its galleries in New York City on April 6. Finding a painting in which he was interested—Les…

2Cases cited7 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Hanson v. DencklaSupreme Court of the United States · 1958
  3. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  4. Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
  5. Harry Winston, Inc. v. WaldfogelDistrict Court, S.D. New York · 1968

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3Cited by322 opinions

  1. D.H. Blair & Co. v. GottdienerCourt of Appeals for the Second Circuit · 2006
  2. Chloé v. Queen Bee of Beverly Hills, LLCCourt of Appeals for the Second Circuit · 2010
  3. Blair & Co., Inc. v. GottdienerCourt of Appeals for the Second Circuit · 2006
  4. Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
  5. Kreutter v. McFadden Oil Corp.New York Court of Appeals · 1988

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