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ASCENCIO-SUTPHEN v. McDONALD'S CORP.

16 Misc.3d 184 (2007)

838 N.Y.S.2d 403

STACY ASCENCIO-SUTPHEN et al., Plaintiffs, v. McDONALD'S CORP. et al., Defendants.

Supreme Court, Bronx County.

April 9, 2007.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla (Stephanie B. Gitnik of counsel), for Kit Harris and another, defendants.

Lori D. Fishman, Tarrytown (George R. Dieter of counsel), for McDonald's Corp. and others, defendants.

Fischer & Burstein, P.C., New York City (Lyle A. Bakst of counsel), for plaintiffs.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

The issue in this motion to dismiss the complaint for lack of personal jurisdiction is whether an independent contractor security guard's assignment at a franchise restaurant can be considered his actual place of business for purposes of securing jurisdiction over him by delivery of service of process upon the franchise manager. This court holds it cannot, as the independent contractor did not hold out the subject...

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