Opinion
January 11, 2000
Order, Supreme Court, New York County (Herman Cahn, J.), entered December 21, 1998, which, to the extent appealed from as limited by the brief, after a full evidentiary hearing, granted defendant Malmrose's motion to dismiss the complaint as against him for lack of personal jurisdiction, unanimously affirmed, with costs.
Richard Anthony DePalma for Plaintiff-Appellant.
Edward P. Gilbert for Defendants-Respondents.
NARDELLI, J.P., TOM, LERNER, RUBIN, SAXE, JJ.
The motion court properly dismissed the complaint against defendant Malmrose based on plaintiff's failure to establish at the pretrial hearing that Malmrose, who is not a New York resident, had transacted business within the State, subjecting him to jurisdiction pursuant to CPLR 302(a)(1), or that he had committed a tort within the State, subjecting him to jurisdiction pursuant to CPLR 302(a)(2).
The court properly exercised its broad discretion in supervising the discovery process (see, Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406) when it limited disclosure to the jurisdictional issue.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.