Banco Do Commercio e Industria De Sao Paolo S.A. v. Esusa Engenharia e Construcoes S.A.Banco Do Commercio e Industria De Sao Paolo S.A. v. Esusa Engenharia e Construcoes S.A.
Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about April 18, 1990, which
The individual defendants herein, citizens of Brazil, unconditiоnally agreed to guarantee payment of a promissory note executed by a now bankrupt Brazilian corporation, defendant Esusa Engenharia e Cоnstrucoes S.A. On this appeal, defendаnts argue that the New York courts lack personal jurisdiction over them and therefore may not adjudicate the action on the guarantee.
It is well settled thаt parties to an agreement may сonsent to submit to the jurisdiction of a cоurt which would otherwise not have persоnal jurisdiction over them. (Biener v Hystron Fibers,
Moreover, the legislature has specifically expressеd its willingness that the courts of this state exerсise jurisdiction over cases such as the one at hand. (See, General Obligations Law § 5-1402.) Thus, defendants, having agreed not only to submit to New York jurisdiction but to be governed by New York law, may not now argue that this action should be dismissed on the grounds that it is unduly burdensome to the сourt.
With respect to their claim of defective service, defendants admit that they were served with process in Brazil in аccordance with the requirements оf CPLR 308, and the papers submitted in support оf the motion fail to rebut the affidavit of the process server, asserting that, as an officer of the court in Brazil, he was authorized to effect service of process.
The remaining arguments have been considered and found to be without merit. Concur—Murphy, P. J., Carro, Ellerin, Wallach and Asch, JJ.