Opinion
March 18, 1971 (Republished)
Two orders, Supreme Court, New York County, entered on April 14, 1970 dismissing the complaints in each of the above cases for lack of personal jurisdiction, unanimously reversed, on the law, with costs and disbursements to appellant to abide the event, and the matters remitted for a hearing before Special Referee FRANK J. McNABB to resolve the disputed factual contentions and the full facts relevant to the jurisdictional questions pursuant to either CPLR 301 or CPLR 302 (subd. [a], par. 1). (See Simonson v. International Bank, 14 N.Y.2d 281; Longines-Wittnauer Watch Co. v. Barnes Reinecke, 15 N.Y.2d 443; International Shoe Co. v. Washington, 326 U.S. 310; Bryant v. Finnish Nat. Airline, 15 N.Y.2d 426, 430.) Disposition of the motions to dismiss the complaints is to be held in abeyance pending the Special Referee's report. In view of the above disposition the appeals from the orders of said court entered on April 14, 1970 denying reargument are dismissed as moot, without costs and without disbursements. The order of this court entered on February 11, 1971 [ 36 A.D.2d 586], is vacated.
Concur — Capozzoli, J.P., McGivern, Nunez and McNally, JJ.