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Bank of New York v. Strumor

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 736 (N.Y. App. Div. 1992)

Opinion

January 21, 1992

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the order is reversed insofar as appealed from, with costs, the defendant's motion to dismiss the complaint is denied, the complaint is reinstated.

The plaintiff, a New York bank, seeks to recover the proceeds of a promissory note issued by the defendant to the plaintiff's predecessor in interest, also a New York bank. The sole question on this appeal is whether the Supreme Court properly granted the defendant's motion to dismiss the complaint based, inter alia, on a lack of personal jurisdiction over the defendant (see, CPLR 302 [a] [1]).

Although the defendant, a New Mexico domiciliary, signed the promissory note in New Mexico, the proceeds of the note were payable in New York and were used to finance the business of a New York limited partnership. In addition, the note was secured by an agreement pledging the defendant's shares in the limited partnership. Finally, the pledge agreement provided that any questions arising thereunder would be governed by New York law.

The totality of the defendant's acts, whereby the defendant availed himself of the benefits and protection of New York law, shows sufficient purposeful activity in New York to constitute a transaction of business under CPLR 302 (a) (1). Accordingly, the defendant's motion to dismiss for lack of personal jurisdiction should have been denied by the Supreme Court (see, Banco Espanol de Credito v. Du Pont, 24 A.D.2d 445; Sterling Natl. Bank Trust Co. v. Fidelity Mtge. Investors, 510 F.2d 870; cf., American Recreation Group v. Woznicki, 87 A.D.2d 600). Thompson, J.P., Sullivan, Eiber and Copertino, JJ., concur.


Summaries of

Bank of New York v. Strumor

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 736 (N.Y. App. Div. 1992)
Case details for

Bank of New York v. Strumor

Case Details

Full title:BANK OF NEW YORK, as Successor to SCARSDALE NATIONAL BANK AND TRUST…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 21, 1992

Citations

179 A.D.2d 736 (N.Y. App. Div. 1992)
579 N.Y.S.2d 124

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