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Bernacchia v. Cytodyne Technologies, Inc.

Court holds jurisdiction over individual in action against marketer of Ephedra weight loss aid.

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It is ordered that this motion by defendant, Robert Chinery, for an order dismissing the amended complaint pursuant to CPLR 3211(a)(8), on the ground that this Court lacks jurisdiction over him, and, pursuant to CPLR 3211(a)(7), on the ground that it fails to state a cause of action against him, personally, is determined as hereinafter provided.

At the outset the Court notes that since the motion’s submission for determination on July 31, 2003, moving counsel has transmitted two supplemental submissions dated, respectively, August 1 and August 15, 2003, and plaintiff’s counsel elected to submit a single supplemental submission dated August 12, 2003. While the Court frowns on such practices, and affords express notice that it will not tolerate same in the future, it has permitted counsel to chart its own procedural course in this instance.

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