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BREAKAWAY COURIER CORP. v. BERKSHIRE HATHAWAY, INC.

Index Nos. 654806/16, 652316/17, 652702/17. Appeal No. 13370N-13370NA. Case Nos. 2020-1480, 2020-1481, 2020-1482.

192 A.D.3d 501 (2021)

144 N.Y.S.3d 692

2021 NY Slip Op 01503

Breakaway Courier Corporation, Doing Business as Breakaway Courier Systems, et al., Appellants, v. Berkshire Hathaway, Inc., Respondent, et al., Defendants.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Carcich O'Shea, LLC, New City ( Christopher J. Carcich of counsel), for Breakaway Courier Corporation, appellant.

Dunnington Bartholow & Miller LLP, New York ( Raymond J. Dowd of counsel), for Current Lighting & Electric, Inc., Mas Electrical Maintenance, LLC, First Quality Maintenance II, LLC and Alternative Fuels Transportation, Inc., appellants.

Clyde & Co US LLP, New York ( Michael A. Knoerzer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Plaintiffs failed to present evidence demonstrating that the court may exercise personal jurisdiction over BHI pursuant to Insurance Law §§ 1509 or 1213 or CPLR 302 (see Coast to Coast Energy, Inc. v Gasarch, 149 A.D.3d 485 [1st Dept 2017]; HBK Master Fund L.P. v Troika Dialog USA, Inc., 85 A.D.3d 665, 666 [1st Dept 2011] ["Plaintiffs made a `sufficient start' in demonstrating...

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