Apicella v. Valley Forge Military Academy and Junior College

In Apicella v. Valley Forge Military Academy and Junior College (103 AD2d 151 [1984]) plaintiff alleged that defendant, a Pennsylvania boarding school, improperly refused to supply him with his medication. Defendant's out-of-State visits to conduct interviews of prospective students were "very rarely" made, New York State students made up only 10% of the school's total enrollment, the school's football coach visited New York on a personal basis five times over a period of ten years, and recruited five players of which only three attended the school, and that the defendant advertised in the Sunday magazine section of the New York Times. The Second Department held that the rare visits by defendant's registrar into New York State to interview prospective students, and the defendant's advertisements in the Sunday magazine section of the New York Times do not constitute the doing of business. Thus, the Court lacked jurisdiction under section 301.