Jurisdiction, Employment Law, Smoking Restrictions in State Parks
In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith write: As the last shovel-full of snow melts from our memories, we review some of the quarter's leading decisions rendered by the state's intermediate appellate judges, during which the Appellate Division justices exercised measured deference to trustees, administrative agencies and the Legislature, while also expanding access to the courts to redress commercial and tortious wrongs.
April 16, 2015 at 09:58 PM
11 minute read
The first quarter of 2015 was harsh in terms of weather and the workload at the Appellate Divisions. However, as opposed to the snow, the caseload did not pile up as the judges dutifully shoveled away at their cases. As the last shovel-full melts from our memories, we review some of the quarter's leading decisions rendered by the state's intermediate appellate judges, during which the Appellate Division justices exercised measured deference to trustees, administrative agencies and the Legislature, while also expanding access to the courts to redress commercial and tortious wrongs.
First Department
Jurisdiction. “Just a phone call away” has been given new meaning by C. Mahendra (NY) v. National Gold & Diamond Ctr.,1 in which the First Department held that “long-arm” jurisdiction may be exercised over a defendant conducting business in New York by telephone.
The plaintiff, a New York-based diamond wholesaler, sold diamonds to defendant retailer in California. Throughout the course of their dealings over a number of years, the parties' business was conducted almost exclusively by telephone. The wholesaler thereafter sued the retailer in New York for failure to pay for certain merchandise it had received. The retailer moved to dismiss for lack of personal jurisdiction. The trial court granted the motion, finding “defendant's telephone orders from California to New York were not sufficiently purposeful activity [in New York] to confer jurisdiction.”
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