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Wurtenberger v. Cuncard Line Ltd. and McKenna. 370 F.Supp. 342

Published online by Cambridge University Press:  28 March 2017

Abstract

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Type
Judicial Decisions
Copyright
Copyright © American Society of International Law 1974

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References

1 Section 302(a) states that:

As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nondomiciliary, or his executor or administrator, who in person or through an agent:

1. transacts any business within the state; or

2. commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; or

3. commits a tortious act without the state causing injury to person or property within the state, except as to a cause of action for defamation of character arising from the act, if he

(i) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state; or

(ii) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; or

4. owns, uses or possesses any real property situated within the state.

(Footnote by court; other footnotes omitted.)

2 370 F.Supp. 342, 345.