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D'Amato v. Kulla

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 419 (N.Y. App. Div. 2000)

Opinion

Argued January 6, 2000

February 17, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated November 9, 1998, as granted the motion of the defendants Terrell Brown and Brown Auto Sales to dismiss the complaint insofar as asserted against them on the ground of lack of personal jurisdiction.

Miller, Friedman Eisenman, New York, N.Y. (Michael P. Eisenman of counsel), for appellant.

Garbarini Scher, P.C., New York, N.Y. (Thomas M. Cooper of counsel), for respondents.

CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The nondomiciliary defendants Terrell Brown and Brown Auto Sales did not have the minimum contacts with New York necessary to subject them to the jurisdiction of the New York State courts (see, International Shoe Co. v. Washington, 326 U.S. 310). Thus, the complaint was properly dismissed insofar as asserted against them (see, Matter of Spinale, 140 A.D.2d 611, 612).

The plaintiff's remaining contentions are without merit.


Summaries of

D'Amato v. Kulla

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 419 (N.Y. App. Div. 2000)
Case details for

D'Amato v. Kulla

Case Details

Full title:MELISSA D'AMATO, appellant, v. AGIN KULLA, et al., defendants, TERRELL…

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

Date published: Feb 17, 2000

Citations

269 A.D.2d 419 (N.Y. App. Div. 2000)
703 N.Y.S.2d 401