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Karrat v. Merhib

Supreme Court, Special Term, Oneida County
Feb 25, 1970
62 Misc. 2d 72 (N.Y. Sup. Ct. 1970)

Summary

finding that, in lawsuit for broker's commissions for the sale of New York realty defendants owned and sold, defendants had sufficient minimum contacts to New York for jurisdictional purposes

Summary of this case from Marie v. Altshuler

Opinion

February 25, 1970

James J. Hage for plaintiff.

Ogonowski Ogonowski ( Matthew S. Ogonowski, Jr., of counsel), for defendants.


The plaintiff has sued to recover commissions claimed due him under a brokerage contract for the sale of New York realty owned by the nonresident defendants. The defendants have moved to set aside service, claiming that the cause of action accrued subsequent to the disposition of the real estate and they have not transacted business in New York.

There are sufficient minimal contacts to provide this court with jurisdiction under CPLR 302 (subd. [a], par. 1), since performance of any contract of sale of New York realty owned by defendants necessarily involves transaction of business within the "single act statute" or under CPLR 302 (subd. [a], par. 4). ( Tebedo v. Nye, 45 Misc.2d 222; Downes v. Cirelli, 52 Misc.2d 637; 1 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 302.12; 44 Iowa L. Rev., 374.)

The case differs from Glassman v. Hyder ( 23 N.Y.2d 354). Here the real property is located in New York. The defendants, by their ownership and sale of the land, have purposely availed themselves of the privileges and protection of New York's laws. ( Hanson v. Denckla, 357 U.S. 235.) Indeed, that ownership constitutes a good deal more than a significant single act sufficient for jurisdiction in many cases. The ownership has resulted in a relationship of the nonresidents to the forum State for a continuous period during which they have enjoyed the benefits and protection of New York laws. The motion is denied.


Summaries of

Karrat v. Merhib

Supreme Court, Special Term, Oneida County
Feb 25, 1970
62 Misc. 2d 72 (N.Y. Sup. Ct. 1970)

finding that, in lawsuit for broker's commissions for the sale of New York realty defendants owned and sold, defendants had sufficient minimum contacts to New York for jurisdictional purposes

Summary of this case from Marie v. Altshuler

exercising § 302 jurisdiction in an action to recover a broker's commissions for the sale of New York realty owned by the nonresident defendant

Summary of this case from Hwang v. Grace Rd. Church
Case details for

Karrat v. Merhib

Case Details

Full title:MAYEF KARRAT, Plaintiff, v. JOSEPH A. MERHIB et al., Defendants

Court:Supreme Court, Special Term, Oneida County

Date published: Feb 25, 1970

Citations

62 Misc. 2d 72 (N.Y. Sup. Ct. 1970)
307 N.Y.S.2d 915

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