Opinion
04-09-2015
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, as subrogee of Madison Haywood Development Services, Inc., Plaintiff–Respondent, v. JACKSON TRANSIT AUTHORITY, Defendant–Appellant.
Fixler & LaGattuta, LLP, New York (Jason L. Fixler of counsel), for appellant.
Fixler & LaGattuta, LLP, New York (Jason L. Fixler of counsel), for appellant.
Opinion Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 5, 2014, which denied defendant's motion to dismiss for lack of jurisdiction, unanimously reversed, on the law, with costs, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Plaintiff, who submitted only an attorney's affirmation, which was on “information and belief,” and did not even identify the source of that information and belief, failed to make a sufficient start to entitle it to jurisdictional discovery to oppose defendant's motion to dismiss (SNS Bank v. Citibank, 7 A.D.3d 352, 353–354, 777 N.Y.S.2d 62 [1st Dept.2004] ). Moreover, on their face, plaintiff's speculative allegations, many of them referring to supposed past contacts with this State, did not suffice to confer jurisdiction over the defendant, in any event (see Daimler AG v. Bauman, ––– U.S. ––––, ––––, 134 S.Ct. 746, 761, 187 L.Ed.2d 624 (2014) ).
TOM, J.P., SWEENY, RENWICK, ANDRIAS, JJ., concur.