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COUDERT BROTHERS, etc., Plaintiff-Appellant, v. JOHN H. MALMROSE, et al., Defendants-Respondents.

The motion court properly dismissed the complaint against defendant Malmrose based on plaintiff's failure to establish at the pretrial hearing that Malmrose, who is not a New York resident, had transacted business within the State, subjecting him to jurisdiction pursuant to CPLR 302(a)(1), or that he had committed a tort within the State, subjecting him to jurisdiction pursuant to CPLR 302(a)(2).

The court properly exercised its broad discretion in supervising the discovery process (see, Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406) when it limited disclosure to the jurisdictional issue.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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COUDERT BROTHERS v. MALMROSE
(Jan 11, 2000)