§Why CasetextPricing

D&R Global Selections, S.L., Appellant,v.Bodega Olegario Falcon Pineiro, Respondent.

Brief

27 Cited authorities

  1. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 774 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

  2. Distefano v. Carozzi North America, Inc.

    286 F.3d 81 (2d Cir. 2001)   Cited 502 times   1 Legal Analyses
    Holding that in deciding pre-discovery whether personal jurisdiction exists, the trial court must "construe the pleadings . . . in the light most favorable to [Plaintiff], resolving all doubts in [its] favor."

  3. McGowan v. Smith

    52 N.Y.2d 268 (N.Y. 1981)   Cited 599 times   2 Legal Analyses
    Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."

  4. U.S. v. American Ry. Exp. Co.

    265 U.S. 425 (1924)   Cited 442 times   4 Legal Analyses
    Holding a party cannot appeal from a favorable judgment

  5. Reiner Co. v. Schwartz

    41 N.Y.2d 648 (N.Y. 1977)   Cited 249 times
    Holding that a four-year employment contract "contemplated and resulted in a continuing relationship"

  6. Grimaldi v. Guinn

    72 A.D.3d 37 (N.Y. App. Div. 2010)   Cited 71 times
    Finding that the Court had personal jurisdiction over a defendant in Pennsylvania "in light of the number, nature, and timing of all of the contacts involved, including the numerous telephone, fax, e-mail, and other written communications with the plaintiff in New York that [defendant] initiated subsequent to his initial involvement in the project, as well as the manner in which [defendant] employed his decidedly passive web site for commercial access"

  7. SPCA of Upstate New York, Inc. v. American Working Collie Ass'n

    2012 N.Y. Slip Op. 857 (N.Y. 2012)   Cited 65 times
    Explaining that while the "tortious act" provision of New York's long-arm statute contains a specific exclusion for defamation cases, parties who "transact business" within New York may be subject to long-arm jurisdiction in defamation cases

  8. Laumann Manufacturing Corp. v. Castings USA, Inc.

    913 F. Supp. 712 (E.D.N.Y. 1996)   Cited 71 times
    Denying transfer because the defendant failed to state the substance of the supposed key witnesses' testimony

  9. Kramer v. Vogl

    17 N.Y.2d 27 (N.Y. 1966)   Cited 147 times
    Holding no jurisdiction under § 302 over Austrian defendant where defendant was not in New York when agreement on which fraud action was based was made

  10. Talbot v. Johnson Newspaper Corporation, MacLaren

    71 N.Y.2d 827 (N.Y. 1988)   Cited 66 times
    Holding that defamation claim brought by university football coach against a former student did not "arise out of" that student's earlier decision to pursue a college degree in New York