COAST TO COAST ENERGY, INC., ET AL., plf-ap, MARGARET M. SPENCER PLAINTIFFS, v. MARK GASARCH def-res

1298. COAST TO COAST ENERGY, INC., ET AL., plf-ap, MARGARET M. SPENCER PLAINTIFFS, v. MARK GASARCH def-res — JOHN AND JANE DOES 1-100, def — The Law Offices of Edward J. Boyle, Manhasset (Edward J. Boyle of counsel), for ap — Law Offices of Mark Gasarch, New York (Mark Gasarch of counsel), for Mark Gasarch and Petro-Suisse Limited, res — Engelhardt Law, New York (David Engelhardt of counsel), for John Wampler, res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 24, 2014, which, to the extent appealed from as limited by the briefs, granted defendant John Wampler's motion to dismiss the third amended complaint in its entirety, on jurisdictional grounds, and granted the motion of defendants Mark Gasarch and Petro-Suisse Limited to dismiss plaintiffs' causes of action for breach of fiduciary duty, breach of the covenant of good faith and fair dealing, unjust enrichment, and plaintiffs' demand for punitive damages, and dismissed the fraud cause of action only insofar as asserted by plaintiffs Mark Gonsalves and the Coast to Coast plaintiffs, affirmed, without costs.

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1298. COAST TO COAST ENERGY, INC., ET AL., plf-ap, MARGARET M. SPENCER PLAINTIFFS, v. MARK GASARCH def-res — JOHN AND JANE DOES 1-100, def — The Law Offices of Edward J. Boyle, Manhasset (Edward J. Boyle of counsel), for ap — Law Offices of Mark Gasarch, New York (Mark Gasarch of counsel), for Mark Gasarch and Petro-Suisse Limited, res — Engelhardt Law, New York (David Engelhardt of counsel), for John Wampler, res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 24, 2014, which, to the extent appealed from as limited by the briefs, granted defendant John Wampler’s motion to dismiss the third amended complaint in its entirety, on jurisdictional grounds, and granted the motion of defendants Mark Gasarch and Petro-Suisse Limited to dismiss plaintiffs’ causes of action for breach of fiduciary duty, breach of the covenant of good faith and fair dealing, unjust enrichment, and plaintiffs’ demand for punitive damages, and dismissed the fraud cause of action only insofar as asserted by plaintiffs Mark Gonsalves and the Coast to Coast plaintiffs, affirmed, without costs.

Pursuant to CPLR 302(a)(1) a New York court may exercise personal jurisdiction over a nondomiciliary if the nondomiciliary has purposefully transacted business within the state and there is “a substantial relationship between the transaction and the claim asserted” (Paterno v. Laser Spine Inst., 24 NY3d 370, 376 [2014] [internal quotation marks omitted]). “Purposeful activities are volitional acts by which the non-domiciliary avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws” (id. [internal quotation marks omitted]). “More than limited contacts are required for purposeful activities sufficient to establish that the non-domiciliary transacted business in New York” (id.).

COAST TO COAST ENERGY, INC., ET AL., plf-ap, MARGARET M. SPENCER PLAINTIFFS, v. MARK GASARCH def-res

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