Khalife v. Audi Saradar Private Bank SAL

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered January 10, 2013, which granted defendant’s motion to set aside plaintiffs’ service of a summons with notice that had been made upon defendant’s counsel in a pending federal court action pursuant to CPLR 303, unanimously affirmed, with costs.

In order to invoke CPLR 303, plaintiffs were required to show that defendant, a foreign entity, commenced the federal action in New York, and that plaintiffs’ claims in this action “would have been permitted as . . . counterclaim[s]” had the federal action been brought in the Supreme…