Harris v Rapport Meyers, Whitbeck, Shawand, Radenhausen, Llp
Annotate this CaseDecided on May 28, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-940 Q C.
Joshua Harris d/b/a JOSHUA'S REALTY, Appellant,
against
Rapport Meyers, Whitbeck, Shawand, Radenhausen, LLP, Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carolyn
E. Wade, J.), entered February 8, 2008, deemed from a judgment of the same court entered
March 14, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 8, 2008
order granting defendant's motion to dismiss pursuant to CPLR 3211 (a) (8), dismissed the
complaint.
Judgment affirmed without costs.
This action was commenced by service upon defendant outside the City of New York. Defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction. A review of the record establishes that the jurisdictional requisites to obtain personal jurisdiction over defendant, a non-resident of the City of New York, were not present (see CCA 404 [a]). Accordingly, the Civil Court properly granted defendant's motion to dismiss the complaint.
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: May 28, 2009
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