The following excerpt is from Bryan v. Univ. Pub, Co. , 112 N.Y. 382, 19 N.E. 825 (N.Y. 1889):
Clark v. Boreel, 21 Hun, 594, is cited by the respondent as opposed to these views. It seems to have no application. The action was for the recovery of damages for injuries to the person of a citizen, caused within this state by the negligence of the defendant. The court held that the cause of action arose in the state; that it had jurisdiction over it; that the defendant might perhaps appear, and thus jurisdiction of the person of the defendant be added to jurisdiction of the subject-matter; and in the then condition of the proceedings they regarded the motion as premature, and gave the plaintiff the benefit of the experiment. In the complaint before us no case is made giving jurisdiction to the courts of this state over the subject of the action or its cause, and the defendant is entitled to make the motion, rather than submit to the hardship of coming into them to defend the action.
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