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Brown v. 445 East

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 2008
52 A.D.3d 383 (N.Y. App. Div. 2008)

Opinion

No. 3977.

June 19, 2008.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 29, 2007, which, to the extent appealable, denied plaintiff's motion for renewal of a prior order that had granted defendants' motion to dismiss the complaint against the limited liability company for lack of jurisdiction, unanimously affirmed, without costs.

The Nolan Law Firm, New York (William Paul Nolan of counsel), for appellant.

Thomas D. Hughes, New York (Richard C. Rubinstein of counsel), for respondents.

Before: Mazzarelli, J.P., Andrias, Williams and Renwick, JJ.


The transcript submitted on the motion to renew failed to present any material facts not considered by the court on the original motion addressed to the question of service ( see Foley v Roche, 68 AD2d 558, 568). In any event, the newly submitted material would not have warranted a departure from the court's initial ruling dismissing the complaint for lack of personal jurisdiction ( see CPLR 311-a; National Heritage Life Ins. Co. v T.J. Props. Co., 286 AD2d 715).


Summaries of

Brown v. 445 East

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 2008
52 A.D.3d 383 (N.Y. App. Div. 2008)
Case details for

Brown v. 445 East

Case Details

Full title:EDWARD J. BROWN, SR., Appellant, v. 445 EAST 85TH STREET, LLC, et al.…

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

Date published: Jun 19, 2008

Citations

52 A.D.3d 383 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5573
858 N.Y.S.2d 886