Old Westbury Golf and Country Club, Inc., Plaintiff,
v.
William F. Mitchell, Defendant, and Travelers Indemnity Company, Defendant and Third-Party Plaintiff-Appellant. Evans Pipe Company, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York, Second Department.
Ughetta, Acting P. J., Brennan, Hill and Benjamin, JJ., concur.
Order affirmed, with $10 costs and disbursements.
No opinion.
Hopkins, J., dissents and votes to reverse the order and to deny the third-party defendant's motion, with the following memorandum:
In my opinion, questions of fact which cannot be determined on the affidavits are presented for trial. Those questions relate to the issue whether the third-party defendant was doing business in this State within the intent and scope of the statute (CPLR 302, subd. [a], par. 1). Among others, the questions of fact are: (1) whether the third-party defendant had had dealings with the defendant Mitchell in New York before the transaction in suit; (2) what dealings the third-party defendant had had in New York with the defendant Mitchell concerning the transaction in suit; and (3) what dealings the third-party defendant had had in New York with the defendant Mitchell to obtain payment under the contract arising from the transaction in suit (cf. Singer v. Walker, 21 A D 2d 285).