Coudert Bros. v. Malmrose

Appellate Division of the Supreme Court of New York

Coudert Bros. v. Malmrose

268 A.D.2d 261, 700 N.Y.S.2d 698, 2000 N.Y. App. Div. LEXIS 311

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 11, 2000

StatusPublished

Cited by2 cases

This text of 268 A.D.2d 261 (Coudert Bros. v. Malmrose) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Coudert Bros. v. Malmrose, 268 A.D.2d 261, 700 N.Y.S.2d 698, 2000 N.Y. App. Div. LEXIS 311 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered December 21, 1998, which, to the extent appealed from as limited by the brief, after a full evidentiary hearing, granted defendant Malmrose’s motion to dismiss the complaint as against him for lack of personal jurisdiction, unanimously affirmed, with costs.

The motion court properly dismissed the complaint against defendant Malmrose based on plaintiffs failure to establish at the pretrial hearing that Malmrose, who is not a New York resident, had transacted business within the State, subjecting him to jurisdiction pursuant to CPLR 302 (a) (1), or that he had committed a tort within the State, subjecting him to jurisdiction pursuant to CPLR 302 (a) (2).

The court properly exercised its broad discretion in supervising the discovery process (see, Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406) when it limited disclosure to the jurisdictional issue. Concur—Nardelli, J. P., Tom, Lerner, Rubin and Saxe, JJ.

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—Order, Supreme Court, New York County (Herman Cahn, J.), entered December 21, 1998, which, to the extent appealed from as limited by the brief, after a full evidentiary hearing, granted defendant Malmrose’s motion to dismiss the complaint as against him for lack of personal jurisdiction, unanimously affirmed, with costs.

The motion court properly dismissed the complaint against defendant Malmrose based on plaintiffs failure to establish at the pretrial hearing that Malmrose, who is not a New York resident, had transacted business within the State, subjecting him to jurisdiction pursuant to CPLR 302 (a) (1), or that he had committed a tort within the State, subjecting him to jurisdiction pursuant to CPLR 302 (a) (2).

The court properly exercised its broad discretion in supervising the discovery process (see, Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406) when it limited disclosure to the jurisdictional issue. Concur—Nardelli, J. P., Tom, Lerner, Rubin and Saxe, JJ.

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Bluebook (online)

268 A.D.2d 261, 700 N.Y.S.2d 698, 2000 N.Y. App. Div. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coudert-bros-v-malmrose-nyappdiv-2000.

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