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ABKCO MUSIC, INC. v. McMAHON

9884, 656243/16.

175 A.D.3d 1201 (2019)

109 N.Y.S.3d 264

2019 NY Slip Op 06721

ABKCO Music, Inc., Respondent, v. Carl G. McMahon, as Trustee of the Andrea Marless Cooke Family Trust, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

September 24, 2019.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Avigael Fyman of counsel), for appellant.

Michael B. Kramer & Associates, New York (Michael B. Kramer of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

The trustee's requests from Ohio, by letter, telephone, and/or email, to plaintiff in New York to send him monies due under the royalty agreement that plaintiff had entered into in 1986 with nonparty Denise Somerville, a/k/a Denise Somerville Cooke (Somerville)—which would merely continue plaintiff's previous practice of sending royalties to Somerville in Ohio—do not constitute the transaction of business under CPLR 302 (a) (1) (see e.g. Ehrenfeld v Bin Mahfouz...

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