57 N.Y.2d 979 | NY | 1982
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiffs-appellants seek to recover certain real and personal property, located in the State of Florida, which they transferred to defendants in payment of compensation for services rendered. Defendants were personally served in Florida, the State of their residence, and the Appellate Division granted their cross motion to dismiss the complaint for lack of personal jurisdiction (made in response to a motion by plaintiffs to compel an examination before trial).
In support of their assertion that the New York court has jurisdiction over defendants, plaintiffs advance two arguments. First, they contend that defendants were transacting business within the State of New York within the contemplation of CPLR 302 (subd [a], par 1). The record does not support this contention.
Second, defendants assert that jurisdiction may be sustained under the provisions of CPLR 302 (subd [a], pars 2, 3) — the commission of a tortious act within the State of New York or without the State causing injury to a person or property within the State. The tortious conduct is alleged to have consisted of fraud and deceit in obtaining the compensation, more particularly collusion between one defendant and the tax-exempt corporation and fraudulent misrepresentation by defendants as to their legal authority to carry on business in the State of New York. Whatever may be said of the legal sufficiency of these allegations, there is no showing that any of the misconduct charged took place in New York or that any injury was caused to person or property in New York.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
The record contains no proof on behalf of plaintiff as to activities of defendants pertinent to the jurisdictional issues other than the conclusory allegations of their verified complaint. Most of the description of defendants’ activities has, therefore, been drawn from their own submissions.