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 ; 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).