Court: Supreme Court of New York, New York County
Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York.
In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction exists over a given defendant. A court has general jurisdiction over a defendant where that defendant is “at home,” the state in which a company is incorporated or has its principal place of business. Pursuant to CPLR § 302(a), a court may exercise specific jurisdiction over a non-resident who: “(1) transacts any business within the state or contracts anywhere to supply goods or services in the state; or (2) commits a tortious act within the state…; or (3) commits a tortious act without the state causing injury to person…within the state…if he (i) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or (ii) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; or (4) owns, uses or possesses real property situated within the state.”
Plaintiff testified that he used asbestos-containing gloves on cruise ships that came from New York. In addition, SGI’s corporate representative, Thomas A. McGurk Jr., was deposed and testified that SGI sold its products to companies in New York. He further testified that he had personal experience traveling to New York for work. The court found that plaintiff put forth sufficient evidence to establish that SGI “had a nexus” to New York and “conducted business” in New York such that it was liable for products sold there. Accordingly, SGI’s renewed motion to dismiss was denied.
Read the full decision here.