Colucci Umansv.1 Mark, Inc.

Appellate Division of the Supreme Court of New York, First DepartmentFeb 8, 1996
637 N.Y.S.2d 705 (N.Y. App. Div. 1996)
637 N.Y.S.2d 705224 A.D.2d 243

February 8, 1996

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).

In an action to recover a legal fee in connection with plaintiff's representation of defendants in a Federal court action in New York, a basis for jurisdiction over the out-of-State corporate defendant exists by reason of its retention of plaintiff law firm to represent it in a New York proceeding, its participation in that proceeding by way of numerous telephone calls and visits to New York by its registered agent and its retention of other attorneys in New York to continue the representation ( see, Otterbourg, Steindler, Houston Rosen v. Shreve City Apts., 147 A.D.2d 327, 332; Murray, Hollander, Sullivan Bass v. HEM Research, 111 A.D.2d 63). Service of the summons and complaint by Federal Express on the corporate defendant's registered agent was proper (CPLR 311). Sanctions against plaintiff are not warranted.

Concur — Ellerin, J.P., Ross, Nardelli, Williams and Mazzarelli.