Minella v. Restifo

• Decision Date: 20 January 2015
• Parties: Windy MINELLA, Plaintiff–Respondent, v. Richard J. RESTIFO, M.D., Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

124 A.D.3d 486
3 N.Y.S.3d 322
2015 N.Y. Slip Op. 00468

Windy MINELLA, Plaintiff–Respondent
v.
Richard J. RESTIFO, M.D., Defendant–Appellant.

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

Jan. 20, 2015.

3 N.Y.S.3d 323

Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for appellant.

Law Offices of Frank N. Peluso, Pelham (Frank N. Peluso of counsel), for respondent.

TOM, J.P., SAXE, FEINMAN, CLARK, KAPNICK, JJ.

Opinion

124 A.D.3d 486

Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 16, 2013, which, in this medical malpractice action, denied defendant's motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Personal jurisdiction does not exist pursuant to CPLR 302(a)(1), as there is insufficient evidence that defendant “transacts any business within [New York State]” or that he “contracts anywhere to supply goods or services in the state” (CPLR 302[a][1] ). Indeed, it is uncontroverted that defendant is licensed to practice medicine in Connecticut, not New York. Although defendant is associated with a Connecticut facility (Split Rock) whose website displays a New York office and telephone number, Split Rock and defendant maintain separate websites. Further, the listing of a New York office and telephone number on a website, without more, is insufficient to confer personal jurisdiction (see Paterno v. Laser Spine Inst., 24 N.Y.3d 370, 374–375, 998 N.Y.S.2d 720, 23 N.E.3d 988 [2014] ; Arouh v. Budget Leasing, Inc., 63 A.D.3d 506, 883 N.Y.S.2d 4 [1st Dept.2009] ). The Split Rock website “merely impart [s] information without permitting a business transaction” (Paterno, 24 N.Y.3d at 377, 998 N.Y.S.2d 720, 23 N.E.3d 988 ). Further, defendant averred without contradiction that the New York address and telephone number on the website refers to his associate...