Order, Supreme Court, New York County, entered February 2, 1971, unanimously modified, on the law, to the extent of dismissing the complaint and severing the action as to defendant Hearne, and otherwise affirmed, without costs and without disbursements. The aspects of this appeal in which we affirm the actions taken by Special Term are not discussed. The defendant Hearne was served pursuant to CPLR 302 (subd. [a]) in Texas. His sole connection with the instant matter is that as attorney for defendant Crook he retained a New York attorney to represent his client in the making of a stipulation to be used in an action pending in Texas. This is neither the performance of any act within the State or the transaction of any business here giving jurisdiction pursuant to CPLR 302.
Concur — Stevens, P.J., Nunez, Steuer, Tilzer and Eager, JJ.