Opinion
12845 12846 Index No. 190049/17, 190317-16 Case No. 2020-01895, 2020-03264
01-12-2021
Eddie GERMAIN et al., Plaintiffs–Respondents, v. AMERICAN INTERNATIONAL INDUSTRIES, et al., Defendants, The Neslemur Company, Defendant–Appellant. In the Matter of New York City Asbestos Litigation Mariann Luca et al., Plaintiffs–Respondents, v. American International Industries for Clubman, et al., Defendants, The Neslemur Company, Defendant–Appellant.
Clyde & Co U.S. LLP, New York (Peter J. Dinunzio of counsel), for appellant. Levy Konigsberg LLP, New York (Renner K. Walker of counsel), for respondents.
Clyde & Co U.S. LLP, New York (Peter J. Dinunzio of counsel), for appellant.
Levy Konigsberg LLP, New York (Renner K. Walker of counsel), for respondents.
Acosta, P.J., Webber, Gonza´lez, Scarpulla, JJ.
Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about February 28, 2020, and July 14, 2020, which denied defendant Neslemur Company's motions pursuant to CPLR 3211(a)(8) to dismiss the complaints as against it for lack of personal jurisdiction, based on improper service, unanimously affirmed, with costs.
Jurisdiction over defendant, a foreign corporation that was previously authorized to conduct business in New York, was obtained by service on the New York Secretary of State in accordance with Business Corporation Law § 306(b) (see Pryor v. Witter, 96 A.D.3d 572, 946 N.Y.S.2d 573 [1st Dept. 2012] ; Matter of Unsafe Bldg. & Structure No. 1184–1194 Riv. Ave., 268 A.D.2d 309, 310, 702 N.Y.S.2d 34 [1st Dept. 2000] ). Unlike Business Corporation Law § 307, § 306 provides that "[s]ervice of process on [an authorized foreign] corporation shall be complete when the secretary of state is so served" ( Business Corporation Law § 306[b][1] ).
That defendant's Delaware certificate of incorporation was void when these actions were commenced is of no moment. The claims against defendant are based on its alleged tortious activities committed within this State before the certificate had been voided (see Business Corporation Law § 1311 ).