Opinion
6721–6722 Index 653651/16
05-31-2018
Jason R. MISCHEL, Plaintiff–Appellant, v. SAFE HAVEN ENTERPRISES, LLC, et al., Defendants–Respondents.
Jason R. Mischel, appellant pro se. David B. Smith, Buffalo, PLLC, New York (Nicholas D. Smith of counsel), for respondents.
Jason R. Mischel, appellant pro se.
David B. Smith, Buffalo, PLLC, New York (Nicholas D. Smith of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Gesmer, Oing, JJ.
Order, Supreme Court, New York County (Ellen M. Coin, J.), entered August 3, 2017, to the extent it denied plaintiff's motion to renew defendants' motion to dismiss the amended complaint for lack of personal jurisdiction, unanimously reversed, on the law and the facts, with costs, plaintiff's motion granted, and, upon renewal, defendants' motion denied, and appeal therefrom otherwise dismissed, without costs, as taken from a nonappealable order. Appeal from order, same court and Justice, entered April 18, 2017, which granted defendants' motion, unanimously dismissed, with costs, as academic.
In opposition to defendants' motion to dismiss, plaintiff made a "sufficient start" in establishing that New York courts have jurisdiction over defendants to warrant jurisdictional disclosure and a hearing (see e.g. Robins v. Procure Treatment Ctrs., Inc., 157 A.D.3d 606, 607, 70 N.Y.S.3d 457 [1st Dept. 2018] ; Stardust Dance Prods., Ltd. v. Cruise Groups Intl., Inc., 63 A.D.3d 1262, 1265, 881 N.Y.S.2d 192 [3d Dept. 2009] ). On his motion to renew, plaintiff submitted sufficient evidence to warrant a finding of jurisdiction on the papers alone (see Fischbarg v. Doucet, 9 N.Y.3d 375, 849 N.Y.S.2d 501, 880 N.E.2d 22 [2007] ; CPLR 2221[e], [f] ). The evidence shows that plaintiff was hired by defendants, a corporation and two individuals, all residents of Louisiana, after an in-person meeting in New York and that defendants engaged in extensive communications with him by telephone, email, in-person meetings, and document exchanges for two years while he was in New York representing them in various matters.