(DOWNLOAD) "Paul B. Schumacher v. Sea Craft Industries" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Paul B. Schumacher v. Sea Craft Industries
- Author : Supreme Court of New York
- Release Date : January 12, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Order unanimously affirmed, with costs to respondent. Memorandum: Plaintiff appeals from an order granting the motion of defendant Perdue-Dean Co., Inc., a Florida corporation, to dismiss the complaint on the ground of lack of personal jurisdiction (CPLR 3211, subd [a], par 8). The only argument warranting discussion is that the court should have granted plaintiff a continuance to develop facts, relevant to the issue of jurisdiction. Plaintiff's complaint and affidavit in opposition to the motion to dismiss fail to show that facts essential to justify opposition [to dismissal] may exist (CPLR 3211, subd [d]). Plaintiff sets forth no basis for the unsubstantiated statements on which he attempts to found long-arm jurisdiction (CPLR 302, subd [a], pars 1, 3, cls [i], [ii]) but states only that he has been informed of or has reason to believe certain allegations which are strongly disputed by defendant's president. These unsupported allegations do not support the conclusion that plaintiff has made a sufficient start, and shown [his] position not to be frivolous (Peterson v Spartan Inds., 33 N.Y.2d 463, 467) so as to justify a continuance to permit discovery (see, generally, Fantis Foods v Standard Importing Co., 49 N.Y.2d 317, 325; Amigo Foods Corp. v Marine Midland Bank, 39 N.Y.2d 391).