Opinion
May 1, 1997
Appeal from Supreme Court, New York County (Beatrice Shainswit, J.),
The Special Referee's finding that plaintiffs had failed to sustain their burden of demonstrating a jurisdictional basis over the defendant entities was based largely upon his determination of credibility and was supported by the record ( see, Huxley Barter Corp. v. Considar, Inc., 216 A.D.2d 24). However, defendant Gregos' undisputed testimony that he had visited New York to advise defendant Mourginakis with respect to the debt restructuring transaction underlying the complaint, and that over the years he had acted as Mourginakis' principal, had been kept abreast of developments in their business through regular telephone calls to New York, and had knowledge of what Mourginakis was doing and consented to it, though not necessarily indicative of a formal agency relationship, was sufficient to subject him to this State's jurisdiction with respect to the transactions complained of ( see, Kreutter v McFadden Oil Corp., 71 N.Y.2d 460, 467).
Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.