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Harris v Whitbeck
2009 NY Slip Op 51084(U) [23 Misc 3d 143(A)]
Decided on May 28, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided 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
2008-939 Q C.

Joshua Harris d/b/a JOSHUA'S REALTY, Appellant,

against

Carl Whitbeck, 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