Opinion
June 27, 1967
Order, entered on February 15, 1967, on plaintiff's motion for summary judgment, referring to a Special Referee to hear and report the issue of whether the High Court of Justice, Queen's Bench Division, London, England, had jurisdiction of the defendant, in an action instituted in England by plaintiff against defendant, unanimously modified, on the law, to the extent of eliminating the reference and denying the motion, without costs or disbursements to either party. Special Term correctly held that issues of fact exist, but erred in directing a reference thereon ( Esteve v. Abad, 271 App. Div. 725, 727). The issue of whether the contract sued upon in England was made in London, so as to confer jurisdiction upon the English court, can only be resolved at a trial. ( Plugmay Ltd. v. National Dynamics Corp., 53 Misc.2d 451, affd. without opn., 28 A.D.2d 645).
Concur — Stevens, J.P., Eager, Capozzoli, Tilzer and Witmer, JJ.