Opinion
June 6, 1991
Appeal from the Supreme Court, Rensselaer County (Travers, J.).
Plaintiff, a New York corporation, has sued defendant, a Canadian corporation, for breach of contract. Defendant moved to dismiss the action on the ground of lack of personal jurisdiction or, in the alternative, on forum non conveniens grounds. Supreme Court, noting that a question exists regarding whether personal jurisdiction of defendant had been acquired, dismissed the case on forum non conveniens grounds. Inasmuch as that doctrine has no application unless a New York court has obtained personal jurisdiction of a defendant (Ehrlich-Bober Co. v University of Houston, 49 N.Y.2d 574), it was incumbent upon Supreme Court to make that threshold determination before undertaking a forum non conveniens analysis. The evidence in the record before us is conflicting on the issue of personal jurisdiction and thus requires a hearing for resolution.
Casey, J.P., Mikoll, Yesawich, Jr. and Mercure, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Supreme Court for further proceedings not inconsistent with this court's decision.