Opinion
May 5, 1998
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The IAS Court generally erred in concluding as a matter of law that the relevant transactions were to occur outside of New York and that there was no substantial relationship between the transactions that did occur in New York and plaintiff's claims. We find that the present record is inadequate to determine the jurisdictional issues under New York's long-arm statute (CPLR 302) and we remand for discovery on that issue. We affirm, though, to the extent that the fraud claims, which were merely duplicative of the breach of contract claims, and which were not pleaded with sufficient specificity as to actors, time and place, were dismissed.
Concur — Sullivan, J.P., Rosenberger, Rubin and Tom, JJ.