In a September 26, 2011 decision by Justice Kapnick the court granted a corporate defendant’s motion to dismiss for lack of personal jurisdiction. Plaintiff sued alleging that the individual defendant libeled him when he made allegedly defamatory statements about the plaintiff in litigation papers filed in a prior action between the plaintiff and the individual defendant. Plaintiff alleged those statements were attributable to the corporate entities and that they were liable for the individual defendant’s conduct.
One of the corporate entities moved to dismiss arguing that the court lacked personal jurisdiction over it, because it did not do any business in New York, did not own any property in New York and was not a party to the prior action. Plaintiff argued in opposition that the individual defendant and the corporate defendant conspired to damage plaintiff and cited certain conduct which was allegedly in furtherance of the conspiracy. The court rejected Plaintiff’s argument finding that plaintiff failed to meet his burden of demonstrating that the individual defendant and the corporate defendant conspired together with regard to the conduct at issue in the action: making allegedly defamatory statements about plaintiff in the prior action.
Peters v. Coutsodontis et al., Sup Ct, New York County, September 26, 2011, Kapnick, J, Index No. 600482/07.