Legal Opinion

Mandel v. Busch Entertainment Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1995PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez, J.), dated November 15, 1993, which granted the defendant’s motion to dismiss the complaint for lack of personal jurisdiction.

Ordered that the order is affirmed, with costs.

CPLR 3211 (d) protects a party opposing a motion to dismiss the complaint on jurisdictional grounds by providing that such motion may be defeated by merely showing "that facts essential to justify opposition may exist but cannot then be stated”. However, a party’s mere invocation of…

2Cases cited3 opinions

  1. Peterson v. Spartan Industries, Inc.New York Court of Appeals · 1974
  2. National Union Fire Insurance v. Ideal Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  3. Bissinger v. DiBellaAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by14 opinions

  1. SNS Bank v. CitibankAppellate Division of the Supreme Court of the State of New York · 2004
  2. School of Visual Arts v. KuprewiczNew York Supreme Court · 2003
  3. Granat v. BochnerAppellate Division of the Supreme Court of the State of New York · 2000
  4. NYC Medical & Neurodiagnostic, P.C. v. Republic Western InsuranceAppellate Terms of the Supreme Court of New York · 2004
  5. Greco v. Ulmer & Berne L.L.P.New York Supreme Court · 2009

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