Opinion
June 27, 1969
Appeal from the Onondaga Special Term.
Present — Goldman, P.J., Marsh, Witmer, Moule and Bastow, JJ.
Order unanimously reversed, without costs, and motion denied. Memorandum: The court should not have considered the motion to dismiss for lack of jurisdiction until the plaintiff was permitted disclosure pursuant to CPLR 3211 (subd. [d]). The plaintiff was entitled to the opportunity to show that defendant was transacting business in New York State and, therefore, subject to jurisdiction under CPLR 302 (subd. [a], par. 1). ( Agrashell, Inc. v. Sirotta Co., 344 F.2d 583; Crossley Glove Co. v. Wakefield Leathers, 30 A.D.2d 598; Lohne v. City of New York, 25 A.D.2d 440 .)