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LEHMAN BROS., INC. v. HUGHES HUBBARD & REED

92 N.Y.2d 1014 (1998)

707 N.E.2d 433

684 N.Y.S.2d 478

Lehman Brothers, Inc., Formerly Known as Shearson Lehman Brothers, Inc., Formerly Known as Shearson Lehman Hutton, Inc., et al., Appellants, v. Hughes Hubbard & Reed, L. L. P., Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Kenneth Reed Wynne, of the Texas Bar, admitted pro hac vice, and Lehman & Gikow, P. C., New York City (David H. Gikow of counsel), for appellants.

Hughes Hubbard & Reed, L. L. P., New York City (Theodore V.H. Mayer, John Fellas and Carol E. Remy of counsel), for respondent, pro se.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur; Judge LEVINE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue here is whether the present action was timely commenced in this State by invocation of the statutory tolling provision under CPLR 205 (a) when the same action was previously dismissed by the courts of Texas for defendant's lack of minimum contacts with that State. In determining this appeal, we assume, without deciding, the...

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