EDELMAN v. Anne-Claire Taittinger, et al., Defendants. (2004)

Supreme Court, Appellate Division, First Department, New York.

Asher B. EDELMAN, et al., Plaintiffs-Appellants, v. TAITTINGER, S.A., et al., Defendants-Respondents, Anne-Claire Taittinger, et al., Defendants.

Decided: June 15, 2004

TOM, J.P., SAXE, ELLERIN, MARLOW, CATTERSON, JJ.

Meier Franzino & Scher, LLP, New York (Davida S. Scher of counsel), for appellants. Sullivan & Cromwell LLP, New York (James V. Masella, III of counsel), for respondents.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 13, 2003, which set the earliest date on documents to be exchanged in jurisdictional discovery as 30 days prior to commencement of this action, unanimously affirmed, without costs.

Since the relevant inquiry under CPLR 302 is whether defendants were doing business in New York at the time the action was brought (see Lancaster v. Colonial Motor Frgt. Line, 177 A.D.2d 152, 581 N.Y.S.2d 283), the IAS court properly exercised its discretion in limiting the jurisdictional discovery previously permitted by this Court (298 A.D.2d 301, 751 N.Y.S.2d 171) to 30 days prior to the filing of the complaint on November 5, 2000.

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