Ladenburg, Thalmann & Co. v. Scalleat

Defendant, a Pennsylvania resident, moves to dismiss a New York stockbroker’s complaint alleging breach of an oral stock purchase agreement, on the ground of lack of personal jurisdiction in that he denies transacting business in this State pursuant to CPLR 302 (subd [a], par 1), or in the alternative that New York is an improper forum pursuant to CPLR 327. Plaintiff cross-moves for summary judgment pursuant to CPLR 3212 (subd [b]) dismissing defendant’s affirmative defenses.

Plaintiff stockbroker purchased stock over the New York City Exchange for the defendant after soliciting him by two…