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DOLEC CONSULTANTS v. LANCER LITHO PACKAGING

Appellate Division of the Supreme Court of New York, Second Department.
Dec 15, 1997
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Ordered that the judgment is affirmed, with costs.

The plaintiff seeks to recover money owed to it by the defendant pursuant to a judgment of the Superior Court, Province of Quebec, Canada, entered upon the defendant's default in answering. The defendant asserts that Quebec could not exercise personal jurisdiction over him and that, accordingly, the courts of this State cannot enforce the Quebec judgment. We disagree.

Initially, the defendant's conclusory denial of receipt of the summons and complaint in the Quebec action was insufficient to raise an issue of fact warranting a hearing to determine the validity of service of process ( see, Sando Realty Corp. v. Aris, 209 A.D.2d 682). Moreover, the Quebec court had a valid basis for exercising personal jurisdiction over the defendant as the defendant purposefully transacted business in Quebec ( see, CPLR 5305 [b]; 302 [a] [1]). Under the circumstances of this case, we conclude that the Quebec court's exercise of jurisdiction does not violate principles of due process ( see, Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471-472; see also, Cucullu v. Lowe, 241 A.D.2d 474).

Rosenblatt, J. P., Altman, Florio and McGinity, JJ., concur.