Kennedy v. Yousaf
| Decision Date | 14 April 2015 |
| Citation | 2015 N.Y. Slip Op. 03079,127 A.D.3d 519,5 N.Y.S.3d 725 (Mem) |
| Parties | Barbara KENNEDY, et al., Plaintiffs–Appellants, v. Jahan YOUSAF, et al., Defendants–Respondents, Sony Music Entertainment, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ritholz Levy Sanders Chidekel & Fields, New York (Jonathan D. Plaut and David Chidekel of counsel), for appellants.
Rosenberg & Giger P.C., New York (John J. Rosenberg of counsel), for respondents.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered May 6, 2014, which granted defendants' motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs.
Plaintiffs failed to establish that defendants transacted business in New York from which plaintiffs' causes of action arise (see CPLR 302[a] [1] ). Plaintiffs' own New York activities relating to their management agreement with defendants cannot be attributed to defendants (see Royalty Network, Inc. v. Harris, 95 A.D.3d 775, 947 N.Y.S.2d 53 [1st Dept.2012] ). The fact that defendants negotiated the agreement and communicated with plaintiffs via email and telephone is insufficient to constitute the transaction of business in New York (see SunLight Gen. Capital LLC v. CJS Invs. Inc., 114 A.D.3d 521, 981 N.Y.S.2d 390 [1st Dept.2014] ). Contrary to their contention, plaintiffs did not demonstrate that defendants intended to take advantage of New York's unique resources in the entertainment industry (see Royalty Network, 95 A.D.3d at 776, 947 N.Y.S.2d 53 ). Nor did plaintiffs show that defendants' two appearances in New York had a substantial relationship to plaintiffs' claims (see e.g. Seneca Ins. Co. v. Boss, 256 A.D.2d 175, 681 N.Y.S.2d 529 [1st Dept.1998] ).
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