Legal Opinion

Peterson v. Spartan Industries, Inc.

New York Court of Appeals

Decided March 28, 1974PublishedCited by 178 opinions

1Opinion of the CourtJasen, J.

We are called upon to decide whether a plaintiff must establish “ prima facie jurisdiction ” under CPLR 302, the “ long arm ” statute, before disclosure may be allowed in a hearing, ordered pursuant to CPLR 3211 (subd. [d]), on a foreign corporation’s motion to dismiss for lack of personal jurisdiction.

The plaintiff Joseph Peterson was burned while using a garden torch, the fuel for which was manufactured by the appellant Guard All Chemical Company, Inc., a Connecticut corporation. In this action to recover damages for personal injuries and loss of services, the plaintiff and his wife sued…

2Cases cited6 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. Victor Surpitski v. Hughes-Keenan Corporation, Etc.Court of Appeals for the First Circuit · 1966
  3. Charles M. Fraley v. The Chesapeake and Ohio Railway Company, a CorporationCourt of Appeals for the Third Circuit · 1968
  4. Fay Slagle, a Widow, Etc. And the Service Mutual Insurance Company of Texas v. United States of America and Texas Air National GuardCourt of Appeals for the Fifth Circuit · 1956
  5. Berne Street Enterprises, Inc. v. American Export Isbrandtsen Co.District Court, S.D. New York · 1968

1 more not listed; retrieve them via the Exa API.

3Cited by178 opinions

  1. Fantis Foods, Inc. v. Standard Importing Co.New York Court of Appeals · 1980
  2. Amigo Foods Corp. v. Marine Midland BankNew York Court of Appeals · 1976
  3. Hart Holding Co. v. Drexel Burnham Lambert Inc.Court of Chancery of Delaware · 1991
  4. Copp v. RamirezAppellate Division of the Supreme Court of the State of New York · 2009
  5. Goel v. RamachandranAppellate Division of the Supreme Court of the State of New York · 2013

173 more not listed; retrieve them via the Exa API.

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