National Union Fire Ins. Co. of Pittsburgh, PA v. Jackson Tr. Auth.

Appellate Division of the Supreme Court of New York

National Union Fire Ins. Co. of Pittsburgh, PA v. Jackson Tr. Auth.

127 A.D.3d 490, 4 N.Y.S.3d 527

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

DecidedApril 9, 2015

Docket14745 160991/13

StatusPublished

This text of 127 A.D.3d 490 (National Union Fire Ins. Co. of Pittsburgh, PA v. Jackson Tr. Auth.) 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

National Union Fire Ins. Co. of Pittsburgh, PA v. Jackson Tr. Auth., 127 A.D.3d 490, 4 N.Y.S.3d 527 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 5, 2014, which denied defendant’s motion to dismiss for lack of jurisdiction, unanimously reversed, on the law, with costs, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff, who submitted only an attorney’s affirmation, which was on “information and belief,” and did not even identify the source of that information and belief, failed to make a sufficient start to entitle it to jurisdictional discovery to oppose defendant’s motion to dismiss (SNS Bank v Citibank, 7 AD3d 352, 353-354 [1st Dept 2004]). Moreover, on their face, plaintiffs speculative allegations, many of them referring to *491 supposed past contacts with this State, did not suffice to confer jurisdiction over the defendant, in any event (see Daimler AG v Bauman, 571 US —, 134 S Ct 746, 761 [2014]).

Concur — Tom, J.P., Sweeny, Renwick and Andrias, JJ.

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Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 5, 2014, which denied defendant’s motion to dismiss for lack of jurisdiction, unanimously reversed, on the law, with costs, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff, who submitted only an attorney’s affirmation, which was on “information and belief,” and did not even identify the source of that information and belief, failed to make a sufficient start to entitle it to jurisdictional discovery to oppose defendant’s motion to dismiss (SNS Bank v Citibank, 7 AD3d 352, 353-354 [1st Dept 2004]). Moreover, on their face, plaintiffs speculative allegations, many of them referring to *491 supposed past contacts with this State, did not suffice to confer jurisdiction over the defendant, in any event (see Daimler AG v Bauman, 571 US —, 134 S Ct 746, 761 [2014]).

Concur — Tom, J.P., Sweeny, Renwick and Andrias, JJ.

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Bluebook (online)

127 A.D.3d 490, 4 N.Y.S.3d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-ins-co-of-pittsburgh-pa-v-jackson-tr-auth-nyappdiv-2015.

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