Defendant’s Unopposed Motion to Dismiss for Lack of Personal Jurisdiction Granted

Supreme Court of New York, New York County

In this asbestos action, defendant Hoffman-La Roche, Inc. filed a motion to dismiss pursuant to CPLR Section 3211(a)(8), arguing that it is a New Jersey company with no connection to New York. No opposition was filed.

Based on the defendant’s motion, the court held the defendant had established that it is a New Jersey corporation that conducts business solely in New Jersey, does not conduct business in New York, and does not employ personnel in New York. The defendant further established that it is located solely in New Jersey, has no officers in New York, and does not produce, market, manufacture, deliver, distribute, supply, purchase, or sell products in New York. As such, the court held that it lacked personal jurisdiction over this defendant pursuant to CPLR Sections 302(a) and 3211(a)(8) and granted the defendant’s motion to dismiss without opposition.