SMITH WATER PRODUCTS CO ET AL DEFENDANTS KELLY MOORE PAINT COMPANY DEFENDANT RESPONDENT v. << (2013)

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

A.O. SMITH WATER PRODUCTS CO., ET AL., DEFENDANTS, KELLY–MOORE PAINT COMPANY, DEFENDANT–RESPONDENT.

CA 13–00598

Decided: November 08, 2013

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.PRESENTATIVE OF THE ESTATE OF

NAPOLI BERN RIPKA SHKOLNIK & ASSOC., LLP, NEW YORK CITY (DENISE A. RUBIN OF COUNSEL), FOR PLAINTIFF–APPELLANT. HAWKINS PARNELL THACKSTON & YOUNG LLP, AUSTIN, TEXAS (PATRICIA KAY ANDREWS, OF THE TEXAS AND OKLAHOMA BARS, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order granting the motion of Kelly–Moore Paint Company (defendant) to dismiss the amended complaint and any cross claims against it for lack of personal jurisdiction pursuant to CPLR 3211(a)(8). According to plaintiff, she made a prima facie showing that defendant is subject to long-arm jurisdiction pursuant to CPLR 302(a)(1) because defendant transacted business within New York and her claims arise from that transaction of business. We conclude that Supreme Court properly granted the motion. Even assuming, arguendo, that defendant transacted business in New York, we conclude that plaintiff did not establish the requisite substantial relationship between defendant's transaction of business and plaintiff's claims against defendant (see Kruetter v. McFadden Oil Corp., 71 N.Y.2d 460, 467; Holness v. Maritime Overseas Corp., 251 A.D.2d 220, 224).

Frances E. Cafarell

Clerk of the Court

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