Tom Lyons Trucking, Inc. v. De Salve Service

Full title: TOM LYONS TRUCKING, INC., Appellant, v. DE SALVE SERVICE, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 17, 1982

91 A.D.2d 827 (N.Y. App. Div. 1982)

Opinion

December 17, 1982

Appeal from the Supreme Court, Erie County, Kasler, J.

Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and Boomer, JJ.

Order unanimously affirmed, with costs, for the reasons stated in the memorandum decision at Special Term (Kasler, J.). We add only that since the complaint does not allege a cause of action arising from the acts in New York of one Ken Winters, who is claimed by plaintiff to have acted as defendant's agent, there is no basis for jurisdiction over defendant under CPLR 302 (subd [a], par 1).