From Casetext: Smarter Legal Research

Granat v. Bochner

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2000
268 A.D.2d 365 (N.Y. App. Div. 2000)

Summary

concluding that sending faxes and making telephone calls, without more, did not qualify as transacting business

Summary of this case from Ainbinder v. Potter

Opinion

January 25, 2000

Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 14, 1998, dismissing the complaint, and bringing up for review an order, same court and Justice, entered January 13, 1998, which granted defendants' motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs. Appeal from the aforesaid January 13, 1998 order, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

Robert M. Trien, for Plaintiff-Appellant.

Kenneth Mauro, for Defendants-Respondents.

ELLERIN, J.P., SAXE, BUCKLEY, FRIEDMAN, JJ.


The court properly dismissed the complaint based on plaintiff's failure to establish that defendants had transacted business within the State, subjecting them to jurisdiction under CPLR 302(a)(1). Contrary to plaintiff's argument, sending faxes and making phone calls to this State are not, without more, activities tantamount to "transacting business" within the meaning of the aforecited long-arm statute. Nor was plaintiff entitled to additional discovery on the jurisdictional issue since she failed to come forward with tangible evidence sufficing to demonstrate that long-arm jurisdiction over defendants may exist (see, Mandel v. Busch Entertainment Corp., 215 A.D.2d 455).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Granat v. Bochner

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2000
268 A.D.2d 365 (N.Y. App. Div. 2000)

concluding that sending faxes and making telephone calls, without more, did not qualify as transacting business

Summary of this case from Ainbinder v. Potter
Case details for

Granat v. Bochner

Case Details

Full title:JEANETTE GRANAT, Plaintiff-Appellant, v. DAN ZEEV BOCHNER, et al.…

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

Date published: Jan 25, 2000

Citations

268 A.D.2d 365 (N.Y. App. Div. 2000)
702 N.Y.S.2d 262

Citing Cases

Sunlight Gen. Capital LLC v. CJS Invs. Inc.

All of the meetings between plaintiff and CJS took place in New Jersey, and the MOU contained a New Jersey…

Fischbarg v. Doucet

The decision and order should be reversed and the complaint should be dismissed for the reasons set forth in…