COUDERT BROTHERS v. MALMROSE


268 A.D.2d 261 (2000)

700 N.Y.S.2d 698

COUDERT BROTHERS, Appellant, v. JOHN H. MALMROSE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 11, 2000.


The motion court properly dismissed the complaint against defendant Malmrose based on plaintiff's 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...

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