PETERSON v. SPARTAN IND.


33 N.Y.2d 463 (1974)

Joseph Peterson et al., Respondents, v. Spartan Industries, Inc. et al., Defendants, and Guard All Chemical Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1974.


Attorney(s) appearing for the Case

Benjamin Mandelker and Mortimer G. Levine for appellant.

Joseph P. Napoli, Harry H. Lipsig and Alan J. Taliuaga for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, RABIN and STEVENS concur; Judge WACHTLER taking no part.


JASEN, J.

We are called upon to decide whether a plaintiff must establish "prima facie jurisdiction" under CPLR 302, the "long arm" statute, before disclosure may be allowed in a hearing, ordered pursuant to CPLR 3211 (subd. [d]), on a foreign corporation's motion to dismiss for lack of personal jurisdiction.

The plaintiff Joseph Peterson was burned while using...

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