Opinion
November 30, 1970
In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Kings County, dated June 30, 1970, which denied defendant's motion for summary judgment upon the ground that defendant is a foreign corporation not doing business in New York and not subject to the exercise of personal jurisdiction by the courts of New York. Order reversed, without costs, and motion remitted to the Special Term for further proceedings in accordance with the memorandum herein. Since the cause of action asserted against the defendant corporation did not arise from the transaction of any business in New York within the meaning of CPLR 302 (subd. [a], par. 1), the only question presented is whether defendant's activity in the State constituted the doing of business in the traditional sense under CPLR 301. The determination of this question (cf. Frummer v. Hilton Hotels Int., 19 N.Y.2d 533, with Miller v. Surf Props., 4 N.Y.2d 475) calls for a hearing and a development of facts concerning the relationship of Reservation Representatives, Inc. to defendant, the scope of its activities on defendant's behalf, all of which are insufficiently disclosed in the contradictory affidavits before us in the present record, and any other relevant facts bearing on the issue of jurisdiction. Rabin, Acting P.J., Hopkins, Martuscello, Brennan and Benjamin, JJ., concur.