Mahar v. Harrington Park Villa Sites

Dowling, J.

(dissenting):

I dissent upon the ground that the7 complaint contains no allegations that defendant corporation was continuously engaged in doing business in this State and that the single transaction set forth therein would not constitute a violation of the statute (Penn Collieries Co. v. McKeever, 183 N. Y. 98); and upon the further ground that the transaction alleged was the sale of real estate situated in another State.