Edelman v Taittinger, S.A.
2004 NY Slip Op 05171 [8 AD3d 121]
June 15, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2004


Asher B. Edelman et al., Appellants,
v
Taittinger, S.A., et al., Respondents, et al., Defendants.

[*1]

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 13, 2003, which set the earliest date on documents to be exchanged in jurisdictional discovery as 30 days prior to commencement of this action, unanimously affirmed, without costs.

Since the relevant inquiry under CPLR 302 is whether defendants were doing business in New York at the time the action was brought (see Lancaster v Colonial Motor Frgt. Line, 177 AD2d 152 [1992]), the IAS court properly exercised its discretion in limiting the jurisdictional discovery previously permitted by this Court (298 AD2d 301 [2002]) to 30 days prior to the filing of the complaint on November 5, 2000. Concur—Tom, J.P., Saxe, Ellerin, Marlow and Catterson, JJ.