From Casetext: Smarter Legal Research

Dolec Consultants v. Lancer Litho Packaging

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 415 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff seeks to recover money owed to it by the defendant pursuant to a judgment of the Superior Court, Province of Quebec, Canada, entered upon the defendant's default in answering. The defendant asserts that Quebec could not exercise personal jurisdiction over him and that, accordingly, the courts of this State cannot enforce the Quebec judgment. We disagree.

Initially, the defendant's conclusory denial of receipt of the summons and complaint in the Quebec action was insufficient to raise an issue of fact warranting a hearing to determine the validity of service of process ( see, Sando Realty Corp. v. Aris, 209 A.D.2d 682). Moreover, the Quebec court had a valid basis for exercising personal jurisdiction over the defendant as the defendant purposefully transacted business in Quebec ( see, CPLR 5305 [b]; 302 [a] [1]). Under the circumstances of this case, we conclude that the Quebec court's exercise of jurisdiction does not violate principles of due process ( see, Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471-472; see also, Cucullu v. Lowe, 241 A.D.2d 474).

Rosenblatt, J. P., Altman, Florio and McGinity, JJ., concur.


Summaries of

Dolec Consultants v. Lancer Litho Packaging

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 415 (N.Y. App. Div. 1997)
Case details for

Dolec Consultants v. Lancer Litho Packaging

Case Details

Full title:DOLEC CONSULTANTS, INC., Respondent, v. LANCER LITHO PACKAGING CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 15, 1997

Citations

245 A.D.2d 415 (N.Y. App. Div. 1997)
666 N.Y.S.2d 458

Citing Cases

Lenchyshyn v. Pelko Electric, Inc.

amenability to the jurisdiction of the Ontario court or the fundamental fairness of Ontario's system of…

Lenchyshyn v. Pelko Electric, Inc.

amenability to the jurisdiction of the Ontario court or the fundamental fairness of Ontario's system of…