| Young v American Off. Interiors, Inc. |
| 2007 NY Slip Op 51162(U) [15 Misc 3d 144(A)] |
| Decided on June 4, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered November 16, 2005. The order denied plaintiff's motion to enter a default judgment.
Order affirmed without costs.
In this action for breach of contract and conversion, plaintiff's motion for entry of a default judgment against defendants was properly denied by the court below on the ground that the defendants reside outside the District Court's jurisdiction. Plaintiff's main contention on appeal is that the court had obtained personal jurisdiction over defendants by their transacting business within the District Court's jurisdiction. However, the complaint does not specifically allege facts establishing that the acts and
omissions complained of took place within Suffolk County (UDCA 404; cf. Manfre v Abrams, 196 Misc 2d 631, 632 [App Term, 9th & 10th Jud Dists 2003]). Furthermore, we note that the submission of an affirmation instead of an affidavit from plaintiff, who is an attorney and a party to the action, was improper (see CPLR 2106, 3215 [f]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 4, 2007