CPLR 3211(a)(8)

In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
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In Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…

Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive Dismissal
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In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…

Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds
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In litigation, the question of “personal jurisdiction” – i.e., whether the court has jurisdiction (power) over the person of the defendant – is arguably the most critical/important: If the court does not have jurisdiction, plaintiff loses without regard to the merits of the case. Stern v. Four Points by Sheraton Ann Arbor Hotel, 2015 NY Slip…

Read More Online Hotel Reservation Insufficient to Establish Personal Jurisdiction in New York
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