MARINER PAC., LTD. v. STERLING BIOTECH LTD.

10255N, 602297/09, 10256N.

106 A.D.3d 667 (2013)

966 N.Y.S.2d 80

2013 NY Slip Op 3926

MARINER PACIFIC, LTD., Appellant, v. STERLING BIOTECH LIMITED, Respondent.

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

Decided May 30, 2013.


The first order appealed from arose out of defendant's motion to dismiss for lack of personal jurisdiction; plaintiff argued that the action should not be dismissed until plaintiff had the opportunity to conduct discovery. The first order did not dismiss the action; instead, it properly ordered a hearing to determine if New York had jurisdiction over defendant (see Matter of Preferred Mut. Ins. Co. [Fu Guan Chan], 267 A.D.2d 181<...

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