Aybar v. Goodyear Tire & Rubber Co.

• Decision Date: 18 September 2019
• Docket Number: 2016–07396,Index No. 706908/15
• Citation: 175 A.D.3d 1373,106 N.Y.S.3d 361 (Mem)
• Parties: Jose AYBAR, Plaintiff-Respondent, v. GOODYEAR TIRE & RUBBER COMPANY, Appellant, et al., Defendant; U.S. Tires and Wheels of Queens, LLC, Nonparty-Respondent.
• Court: New York Supreme Court — Appellate Division

175 A.D.3d 1373
106 N.Y.S.3d 361 (Mem)

Jose AYBAR, Plaintiff-Respondent,
v.
GOODYEAR TIRE & RUBBER COMPANY, Appellant, et al., Defendant;

U.S. Tires and Wheels of Queens, LLC, Nonparty-Respondent.

2016–07396
Index No. 706908/15

Supreme Court, Appellate Division, Second Department, New York.

Submitted—April 9, 2019
September 18, 2019

DLA Piper LLP (US), New York, N.Y. (Kevin W. Rethore and Jayne Risk of counsel), for appellant.

Certain & Zilberg, PLLC (Parker Waichman LLP, Port Washington, N.Y. [Jay L.T. Breakstone and Jessica L. Richman ], of counsel), for plaintiff-respondent.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York, N.Y. (Adam C. Calvert of counsel), for nonparty-respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

175 A.D.3d 1373

In an action, inter alia, to recover damages for personal injuries, the defendant Goodyear Tire & Rubber Company appeals from an order of the Supreme Court, Queens County (Thomas D. Raffaele, J.), entered May 31, 2016. The order denied that defendant's motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction.

ORDERED that the order is reversed, on the law, with one bill of costs, and the

106 N.Y.S.3d 362

motion of the defendant Goodyear Tire & Rubber Company pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction is granted.

On July 1, 2012, the plaintiff, a resident of Queens County, allegedly was injured when a tire on the automobile he was driving failed, causing the vehicle to become unstable and overturn. The incident occurred on an interstate highway in Virginia. Thereafter, the plaintiff commenced this action against, among others, the defendant Goodyear Tire & Rubber Company (hereinafter Goodyear), alleging, among other things, that Goodyear negligently designed and manufactured the faulty tire.

Goodyear moved...