EHRENFELD v. BIN MAHFOUZ


9 N.Y.3d 501 (2007)

881 N.E.2d 830

851 N.Y.S.2d 381

RACHEL EHRENFELD, Appellant, v. KHALID SALIM BIN MAHFOUZ, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 2007.


Attorney(s) appearing for the Case

Kornstein Veisz Wexler & Pollard, LLP, New York City (Daniel J. Kornstein, Mikaela A. McDermott, Mark Platt, Ina R. Bort, Catherine C. Montjar, David T. McTaggart and Amy C. Gross of counsel), for appellant.

Jones Day (Timothy J. Finn and Stephen J. Brogan, of the District of Columbia bar, admitted pro hac vice, and Christian G. Vergonis of counsel), and Bonner, Kiernan, Trebach & Crociata, Washington, D.C. (Michael Nussbaum of counsel), for respondent.

Covington & Burling LLP, New York City (Jason P. Criss of counsel), Weil, Gotschal & Manges LLP (R. Bruce Rich and Jonathan Bloom of counsel), Jan Friedman Constantine, Fletcher, Heald & Hildreth, PLC, Arlington Virginia (Kevin M. Goldberg of counsel), Angela Mills Wade, Brussels, Belgium, Kurt A. Wimmer, McLean, Virginia, Patrick D. Maines, Arlington, Virginia, Richard T. Kaplar, Rene P. Milam, Vienna, Virginia, Lucy A. Dalglish, Arlington, Virginia, Gregg P. Leslie, Matthew B. Pollack, David A. Zapolsky, Seattle, Washington, Wiley Rein & Fielding, Washington, D.C. (Kathleen A. Kirby of counsel), Kai Falkenberg, New York City, Dow Lohnes PLLC, Washington, D.C. (Jonathan D. Hart of counsel), and Sabin, Bermant & Gould LLP, New York City (Neil M. Rosenhouse of counsel), for Advance Publications, Inc. and others, amici curiae.

Chief Judge KAYE and Judges GRAFFEO, READ, PIGOTT and JONES concur; Judge SMITH taking no part.


OPINION OF THE COURT

CIPARICK, J.

The United States Court of Appeals for the Second Circuit has certified to us the question of whether CPLR 302 (a) (1) confers personal jurisdiction over a person "(1) who sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject of the suit in New York" (

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