Fairview Block Co. v. Peoples Trust Co. of New Jersey

Appellate Division of the Supreme Court of New York

Fairview Block Co. v. Peoples Trust Co. of New Jersey

69 A.D.2d 806, 415 N.Y.S.2d 63, 1979 N.Y. App. Div. LEXIS 11452

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

DecidedApril 2, 1979

StatusPublished

This text of 69 A.D.2d 806 (Fairview Block Co. v. Peoples Trust Co. of New Jersey) 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.

Bluebook

Fairview Block Co. v. Peoples Trust Co. of New Jersey, 69 A.D.2d 806, 415 N.Y.S.2d 63, 1979 N.Y. App. Div. LEXIS 11452 (N.Y. Ct. App. 1979).

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Opinion

In an action pursuant to article 3-A of the Lien Law based upon the alleged diversion of trust funds, defendant Peoples Trust Company of New Jersey, a bank not authorized to do business in this State, appeals from an order of the Supreme Court, Dutchess County, entered June 3, 1976, which denied its motion to dismiss the complaint, as against it, for lack of jurisdiction. By order entered February 28, 1977, this court remanded the action to Honorable Abraham J. Multer, a former Justice of the Supreme Court, as Referee, to hear and report on the issue of jurisdiction, the appeal being held in abeyance in the interim (Fairview Block Co. v Peoples Trust Co. of N. J., 56 AD2d 643). The Referee has compiled and rendered his report. Order affirmed, with $50 costs and disbursements. The evidence elicited at the hearing conclusively established that the defendant had engaged in purposeful, continuous, substantial and profitable activity in this State within the meaning of CPLR 302 (subd [a]). Thus, the minimum contacts constitutionally required to bring the defendant within the purview of the statute have been established. Mollen, P. J., Titone, O’Connor and Shapiro, JJ., concur.

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In an action pursuant to article 3-A of the Lien Law based upon the alleged diversion of trust funds, defendant Peoples Trust Company of New Jersey, a bank not authorized to do business in this State, appeals from an order of the Supreme Court, Dutchess County, entered June 3, 1976, which denied its motion to dismiss the complaint, as against it, for lack of jurisdiction. By order entered February 28, 1977, this court remanded the action to Honorable Abraham J. Multer, a former Justice of the Supreme Court, as Referee, to hear and report on the issue of jurisdiction, the appeal being held in abeyance in the interim (Fairview Block Co. v Peoples Trust Co. of N. J., 56 AD2d 643). The Referee has compiled and rendered his report. Order affirmed, with $50 costs and disbursements. The evidence elicited at the hearing conclusively established that the defendant had engaged in purposeful, continuous, substantial and profitable activity in this State within the meaning of CPLR 302 (subd [a]). Thus, the minimum contacts constitutionally required to bring the defendant within the purview of the statute have been established. Mollen, P. J., Titone, O’Connor and Shapiro, JJ., concur.

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Bluebook (online)

69 A.D.2d 806, 415 N.Y.S.2d 63, 1979 N.Y. App. Div. LEXIS 11452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairview-block-co-v-peoples-trust-co-of-new-jersey-nyappdiv-1979.

Opinion

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