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Stevenson v. Blood

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 390 (N.Y. App. Div. 2001)

Opinion

Submitted May 15, 2001.

June 11, 2001.

In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 6, 2000, which, upon renewal, granted the motion of the defendant Jason Blood to dismiss the complaint insofar as asserted against him, on the ground of lack of jurisdiction, and granted the cross motion of the defendants Kristin J. Schaefer and Friendly Holiday, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Daniel P. Buttafuoco Associates, Woodbury, N.Y. (Leonard R. Rivera of counsel), for appellant.

Stern Altimari (Rivkin, Radler Kremer, LLP, Uniodale, N Y (Michael P. Versichelli and Evan H. Krinick of counsel), for respondent Jason Blood.

Smetana Schwartz, Melville, N.Y. (Ronald A. Schwartz and Arthur Simuro of counsel), for respondents Kristin J. Schaefer and Friendly Holiday, Inc.

Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff's contention, the Supreme Court correctly determined that it lacked personal jurisdiction over the defendant Jason Blood and granted his motion to dismiss (see, CPLR 302[a]; Lancaster v. Colonial Motor Freight Line, 177 A.D.2d 152; Bramwell v. Tucker, 107 A.D.2d 731). Furthermore, the remaining defendants met their burden on the cross motion, and established their entitlement to judgment in their favor as a matter of law. As the plaintiff failed to raise a triable issue of fact in response, the Supreme Court also correctly granted the cross motion (see, Brant v. Senatobia Operating Corp., 269 A.D.2d 483; Levine v. Taylor, 268 A.D.2d 566).

The plaintiff's remaining contention is without merit.


Summaries of

Stevenson v. Blood

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 390 (N.Y. App. Div. 2001)
Case details for

Stevenson v. Blood

Case Details

Full title:SUSAN STEVENSON, APPELLANT, v. JASON BLOOD, ET AL., RESPONDENTS

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 2001

Citations

284 A.D.2d 390 (N.Y. App. Div. 2001)
726 N.Y.S.2d 286