Unicon Management Corp. v. Koppers Co.

HERLANDS, District Judge:

This motion poses a question of adjective law: What procedure should be followed in resolving a preliminary issue of fact where the defendants’ challenge to personal jurisdiction is predicated on their assertion that they did not commit a tortious act within the State of New York?

In this case, the disputed factual issue — whether the defendants committed a tortious act within the State of New York — is not only determinative of the jurisdictional question raised by the motion at bar but also constitutes the ultimate question decisive of the litigation in chief.

We…