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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: December 19, 2015

Court of Appeals Grants Leave to Appeal On Daimler Personal Jurisdiction Issue

On December 16, 2015, the Court of Appeals granted leave to leave to appeal in the action D&R Global Selections, S.L. v. Bodega Olegario Falcon Pineiro, 2015 NY Slip Op. 93665. In D&R Global Selections, the First Department held:

As defendant neither is incorporated in New York State nor has its principal place of business here, New York courts may not exercise jurisdiction over it under CPLR 301 (Daimler AG v Bauman, 571 US &mdash, 134 S Ct 746 [2014]; Magdalena v Lins, 123 AD3d 600 [1st Dept 2014]). Therefore, the courts have no subject matter jurisdiction over this action pursuant to Business Corporation Law § 1314(b)(5).

(Internal quotations and citations omitted).

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