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SUNG HWAN CO., LTD. v. RITE AID CORPORATION

Nos. 7346, 7347, 112444/01, 7347A.

94 A.D.3d 524 (2012)

942 N.Y.S.2d 84

2012 NY Slip Op 2764

SUNG HWAN CO., LTD., Appellant, v. RITE AID CORPORATION, Respondent.

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

Decided April 12, 2012.

The record presents a triable issue of fact whether defendant owned the ice cream plant that manufactured and sold listeria-tainted ice cream to the plaintiff, which would provide a basis for Korea's exercise of personal jurisdiction over defendant (see 7 N.Y.3d 78, 81 n 1, 84 [2006]). Defendant submitted evidence in support of its claims that the plant was owned by its subsidiary Thrifty...

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