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· 9/10/1997

Bensusan Restaurant Corporation v. Richard B. King, Individually and Doing Business as the Blue Note

Citations

  • 126 F.3d 25
  • 44 U.S.P.Q. 2d (BNA) 1051
  • 1997 U.S. App. LEXIS 23742

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an exercise of jurisdiction pursuant to section 302(a)(2
  • holding that, because the New York long-arm statute, N.Y. C.P.L.R. § 302(a)(2
  • explaining that the purpose of the interstate commerce requirement was to exclude non-domiciliaries from jurisdiction where their business operations are of a local character
  • explaining that section 302(a)(2) “reaches only tortious acts performed by a defendant who was physically present in New York when [it] performed the wrongful act”
  • dismissing on personal jurisdiction grounds because the plaintiff had not alleged that defendant derived substantial revenues from interstate commerce
  • collecting cases and concluding, “to subject non-residents to New York jurisdiction under § 302(a)(2) the defendant must commit the tort while he or she is physically in New York State”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Graafeiland, Walker, Leval

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.