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COLE v. SAFETY-KLEEN SYS., INC.

1252 CA 19-01354.

189 A.D.3d 2168 (2020)

134 N.Y.S.3d 872

2020 NY Slip Op 07833

Kimberly Cole, Individually and as Executrix of the Estate of Mark Cole, Deceased, Respondent, v. Safety-Kleen Systems, Inc., et al., Defendants, and Brenntag Northeast, LLC, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

MONTGOMERY McCRACKEN WALKER & RHOADS LLP, PHILADELPHIA, PENNSYLVANIA ( ALBERT L. PICCERILLI , OF THE PENNSYLVANIA AND NEW JERSEY BARS, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-APPELLANT.

LOCKS LAW FIRM PLLC, NEW YORK CITY ( JANET C. WALSH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Brenntag Northeast, LLC (defendant) appeals from an order denying its motion to dismiss the third amended complaint against it for lack of personal jurisdiction (see CPLR 3211[a][8]). Defendant's sole contention is that the New York courts cannot constitutionally exercise personal jurisdiction over it because...

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