Opinion
Submitted May 24, 2000
October 10, 2000.
In an action to recover damages for fraud and conversion, the defendants other than Principal Mutual Life Insurance Co. appeal from an order of the Supreme Court, Kings County (Mason, J.), dated July 2, 1999, which granted the plaintiffs' motion for a temporary restraining order, and denied their cross motion to dismiss the complaint insofar as asserted against them.
Roberta Kahn, Brooklyn, N.Y., for appellants.
Dowe, Capetanakis Preite, New York, N.Y. (Ralph Preite of counsel), for respondents.
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.
The Supreme Court erred when it found a basis for jurisdiction under CPLR 30 2(a)(3)(ii), as the plaintiffs failed to establish either that they sustained an injury within this State (see, Ingraham v. Carroll, 235 A.D.2d 778; Carte v. Parkoff, 152 A.D.2d 615; Hermann v. Sharon Hosp., 135 A.D.2d 682), or that the appellants derived substantial revenue from interstate or international commerce (see, Rosenberg v. Cosgrove, 212 A.D.2d 521).