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HOFFRITZ FOR CUTLERY, INC. v. AMAJAC, LTD.

No. 565, Docket 84-7703.

763 F.2d 55 (1985)

HOFFRITZ FOR CUTLERY, INC. and Edwin Jay, Inc., Plaintiffs-Appellants, v. AMAJAC, LTD. and Jack E. Ayers, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 15, 1985.

Attorney(s) appearing for the Case

Edward L. Sadowsky, New York City (Harris N. Cogan, Tenzer, Greenblatt, Fallon & Kaplan, New York City, of counsel), for plaintiffs-appellants.

Sidney H. Stein, New York City (Robert H. Kaplan, Stein, Zauderer, Ellenhorn, Friedman & Kaplan, New York City, of counsel), for defendants-appellees.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

This appeal requires us to decide whether the courts of the State of New York would find jurisdiction over non-resident defendants under its longarm statute, N.Y. CPLR section 302(a), or on a theory of defendants' "presence" under CPLR section 301. The district court held that they would not, and dismissed the complaint. Plaintiffs appeal from that order; for the reasons set forth below, we reverse, and remand the action to the district court...

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