DEFENDANTS HADN’T COMMITTED A TORTIOUS ACT “WITHIN THE STATE”
Because the defendants’ fire doors exposed the decedent to asbestos, a personal-injury case was filed in the New York County Supreme Court.
When the defendants’ motion to have the case dismissed for “lack of jurisdiction” was denied, an appeal ensued.
And on its review of the record, the Appellate Division, First Department, thought the court below had committed reversible error, because the defendants hadn't manufactured any products outside of the state of California.
As a result, since the defendants hadn’t committed “a tortious act ‘within the state,’” the AD1 thought NY courts didn’t have the requisite authority or “jurisdiction” over the dispute and ended the litigation.
The doors sure closed there.
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DECISION