Opinion
2008-940 Q C.
Decided on May 28, 2009.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carolyn E. Wade, J.), entered February 8, 2008, deemed from a judgment of the same court entered March 14, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 8, 2008 order granting defendant's motion to dismiss pursuant to CPLR 3211 (a) (8), dismissed the complaint.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
This action was commenced by service upon defendant outside the City of New York. Defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction. A review of the record establishes that the jurisdictional requisites to obtain personal jurisdiction over defendant, a non-resident of the City of New York, were not present ( see CCA 404 [a]). Accordingly, the Civil Court properly granted defendant's motion to dismiss the complaint.
Pesce, P.J., Golia and Rios, JJ., concur.