- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Feb 14 2013 (Date Decided)
- Mazzarelli, J.P., Friedman, Manzanet-Daniels, Rom?n, Clark, JJ.
9252. FRONT, INC., Plaintiff-res-ap, v. PHILIP KHALIL Defendants-Appellants-res — PHILIP KHALIL, Third-Party plf-ap, v. JEFFREY A. KIMMEL Third-Party def-res — The Marantz Law Firm, Rye (Neil G. Marantz of counsel), for appellants-respondents/ ap — Meister Seelig & Fein LLP, New York (Jeffrey A. Kimmel of counsel), for res-res — Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Lisa L. Shrewsberry of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered May 25, 2012, which, to the extent appealed from, granted defendants' motion to dismiss the complaint as against defendant James O'Callaghan for lack of personal jurisdiction, granted the motion as to defendant Eckersley O'Callaghan Structural Design (EOC) (with O'Callaghan, the UK defendants) to the extent of referring the issue of long-arm jurisdiction pursuant to CPLR 302(a), granted the motion to dismiss the first cause of action as against defendant Philip Khalil, denied the motion to dismiss the fifth through eleventh causes of action, and denied the motion to disqualify third-party defendants from serving as counsel for plaintiff in the main action, and granted third-party defendants' motion to dismiss the third-party complaint, unanimously modified, on the law, to deny defendants' motion to dismiss the complaint as against the UK defendants for lack of personal jurisdiction, and to grant the motion to dismiss the tenth and eleventh causes of action as against the UK defendants, and otherwise affirmed, without costs.