WINDY MINELLA, plf-res, v. RICHARD J. RESTIFO, M.D., def-ap

13973. WINDY MINELLA, plf-res, v. RICHARD J. RESTIFO, M.D., def-ap — Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for ap — Law Offices of Frank N. Peluso, Pelham (Frank N. Peluso of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 16, 2013, which, in this medical malpractice action, denied defendant's motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

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13973. WINDY MINELLA, plf-res, v. RICHARD J. RESTIFO, M.D., def-ap — Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for ap — Law Offices of Frank N. Peluso, Pelham (Frank N. Peluso of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 16, 2013, which, in this medical malpractice action, denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Personal jurisdiction does not exist pursuant to CPLR 302(a)(1), as there is insufficient evidence that defendant “transacts any business within [New York State]” or that he “ contracts anywhere to supply goods or services in the state” (CPLR 302[a][1]). Indeed, it is uncontroverted that defendant is licensed to practice medicine in Connecticut, not New York. Although defendant is associated with a Connecticut facility (Split Rock) whose website displays a New York office and telephone number, Split Rock and defendant maintain separate websites. Further, the listing of a New York office and telephone number on a website, without more, is insufficient to confer personal jurisdiction (see Paterno v. Laser Spine Inst., NY3d __, 2014 NY Slip Op 08054, *5-6 [2014]; Arouh v. Budget Leasing, Inc., 63 AD3d 506 [1st Dept 2009]). The Split Rock website “merely impart[s] information without permitting a business transaction” (Paterno, NY3d at __, 2014 NY Slip Op 08054, *6). Further, defendant averred without contradiction that the New York address and telephone number on the website refers to his associate Dr. Neil Gordon, who is licensed to (and does) practice medicine in New York. That defendant’s associate is a licensed New York physician does not confer jurisdiction over defendant (see Barrett v. Toroyan, 28 AD3d 331, 333 [1st Dept 2006]).

WINDY MINELLA, plf-res, v. RICHARD J. RESTIFO, M.D., def-ap

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