667 N.Y.S.2d 82 | N.Y. App. Div. | 1997
Appeal from an order of the Supreme Court (Graffeo, J.), entered February 18, 1997 in Albany County, which, inter alia, granted defendant’s motion to dismiss the complaint.
We affirm. Where a foreign corporation carries on a “continuous and systematic course” of conduct warranting a finding of “presence” within the State, New York courts may assert jurisdiction (Chamberlain v Jiminy Peak, 176 AD2d 1109, 1109-1110; see, Laufer v Ostrow, 55 NY2d 305, 309-310). The foreign corporation’s presence, however, must be “ ‘with a fair measure of permanence and continuity’ * * * and solicitation of business alone will not suffice to establish that presence” (Chamberlain v Jiminy Peak, supra, at 1109-1110, quoting Tauza v Susquehanna Coal Co., 220 NY 259, 267 [citation omitted]).
Contrary to plaintiffs contention, even taken in the aggregate, defendant’s contacts with New York do not create the presence needed for a finding that defendant is doing business in New York. In 1991, this Court decided that defendant’s activities in New York did not constitute doing business even though in addition to solicitations, defendant visited a portion of the New York schools which participated in its ski program to premeasure students for rental equipment (see, id., at 1109-1110). While it may be true, as plaintiff contends, that defendant’s activities in New York have expanded since this Court’s prior decision, defendant still has not filed to do business in New York and has no mailing address, office, bank account or employees working in this State (see, id., at 1110; Sedig v Okemo Mtn., 204 AD2d 709, 710). Moreover, defendant’s ownership of land in New York (unrelated to plaintiffs injury) and defendant’s activities in New York (including the sale of coupons for lift tickets in New York ski shops redeemable at defendant’s resort, the listing of defendant’s telephone number in the Taconic telephone directory, advertisements on New York radio stations, television stations and print media, billboards and the mailing of promotional literature to certain groups and individuals in New York, and attendance at promotional events), considered in the aggregate, were held to be insufficient to assert jurisdiction over defendant as recently as February 1995 (see, Okin v Jiminy Peak, US Dist Ct, ED NY, Feb. 24, 1995, Glasser, J.).
Defendant’s other limited activities include selling actual lift
Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.