Opinion
3613N, 150335/15.
04-20-2017
Heidi VOELKER, Plaintiff–Respondent, v. BODUM USA, INC., et al., Defendants, Bodum AG, Defendant–Appellant.
Harris, King, Fodera & Correia, New York (Kevin J. McGinnis of counsel), for appellant. Leav & Steinberg, L.L.P., New York (Vincent F. Provenzano of counsel), for respondent.
Harris, King, Fodera & Correia, New York (Kevin J. McGinnis of counsel), for appellant.
Leav & Steinberg, L.L.P., New York (Vincent F. Provenzano of counsel), for respondent.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 9, 2016, which granted plaintiff's motion for entry of a default judgment as to liability against defendant Bodum AG, unanimously affirmed, without costs.
In support of her motion for a default judgment, plaintiff demonstrated that she properly served Bodum AG, a foreign corporation not authorized to do business in New York, through the Central Authority established by Switzerland pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (20 UST 361, TIAS No. 6638 [1969] ) (see Mutual Benefits Offshore Fund v. Zeltser, 140 A.D.3d 444, 445–446, 37 N.Y.S.3d 1 [1st Dept.2016] ). The Central Authority returned a completed certificate of service, which plaintiff filed in court, and which provides "prima facie evidence that the Central Authority's service on [Bodum AG] was made in compliance with the convention" (Unite Natl. Retirement Fund v. Ariela, Inc., 643 F.Supp.2d 328, 334 [S.D.N.Y.2008] ; see also Kulpa v. Jackson, 3 Misc.3d 227, 233–235, 773 N.Y.S.2d 235 [Sup.Ct., Oneida County 2004] ). Bodum AG failed to rebut that evidence. Since the Hague Convention applies, Bodum AG's arguments concerning compliance with provisions of New York State law are irrelevant (see Aspinall's Club v. Aryeh, 86 A.D.2d 428, 433–434, 450 N.Y.S.2d 199 [2d Dept.1982] ).
Plaintiff's verified complaint and affidavit of merits set forth "enough facts to enable [the] court to determine that a viable" strict products liability claim exists against Bodum AG (Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62, 71, 760 N.Y.S.2d 727, 790 N.E.2d 1156 [2003] ; CPLR 3215[f] ), based on allegations that Bodum AG manufactured a defective French press coffeemaker that exploded when used, causing injury to plaintiff.
ACOSTA, J.P., RICHTER, ANDRIAS, KAHN, GESMER, JJ., concur.