American Cyanamid Co. v. Rosenblatt
| Decision Date | 27 May 1965 |
| Citation | 261 N.Y.S.2d 69,16 N.Y.2d 621 |
| Parties | , 209 N.E.2d 112 AMERICAN CYANAMID COMPANY, Respondent, v. Maurice ROSENBLATT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 22 A.D.2d 854, 254 N.Y.S.2d 81.
Action for damages and an accounting and other relief upon allegations that defendant in furtherance of a conspiracy with others purchased trade secrets which had been stolen from plaintiff by plaintiff's employee. Service of summons was had upon defendant in Italy where defendant resided.
Defendant moved to dismiss the action for lack of jurisdiction, and in support of such motion defendant submitted an affidavit in which he averred that he was a resident of Italy and therefore not subject to jurisdiction of the New York Supreme Court. The plaintiff contended that defendant came to New York to purchase and accept delivery of the stolen secrets and that therefore defendant committed a tort in New York subjecting defendant to jurisdiction of the New York Court.
The motion was denied by the Supreme Court, Special Term, Part I and such order was affirmed by the Appellate Division. The defendant appealed by leave of the Appellate Division which thereafter certified the following question to the Court of Appeals: 'Was the order of Special Term denying the motion to dismiss the action for lack of jurisdiction of the person of defendant properly made?'
Busby & Rivkin, New York City (Donald H. Rivkin, Saul L. Sherman, Lawrence E. Levine, New York City, of counsel), for appellant.
Donovan, Leisure, Newton & Irvine, New York City (Walter R. Mansfield, Hulmut F. Furth, Ben Vinar, New York City, of counsel), for respondent.
Order affirmed, with costs.
Question certified answered in the affirmative.
All concur.
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