Anna Aybar, et al. v. Jose A. Aybar, Jr., et al.; Ford Motor Company et al., Respondents; U.S. Tires and Wheels of Queens, LLC, Nonparty-Respondent

Anna Aybar, et al. v. Jose A. Aybar, Jr., et al., 37 N.Y.3d 274 (2021) · New York Court of Appeals · October 7, 2021 · No. No. 54

Summary

The New York Court of Appeals held that a foreign corporation’s registration to do business in New York and designation of an in-state agent for service of process do not, under New York law, constitute consent to general personal jurisdiction. The court distinguished its earlier decision in Bagdon v Philadelphia & Reading Coal & Iron Co., explaining that the case concerned the effect of service of process rather than consent to general jurisdiction. The court affirmed dismissal of the claims against Ford Motor Company and The Goodyear Tire & Rubber Company for lack of personal jurisdiction.

Holdings

  1. Under New York law, a foreign corporation's registration to do business in New York and designation of an in-state agent for service of process do not constitute consent to general jurisdiction in New York courts.

Questions Presented

  1. Whether Ford and Goodyear consented to general personal jurisdiction in New York by registering to do business in New York and designating an in-state agent for service of process under the Business Corporation Law.
  2. Whether the plaintiffs could rely on specific jurisdiction under CPLR 302 or general jurisdiction under Goodyear and Daimler, where those theories were not preserved or had been abandoned.

Disposition

affirmed

Cases Cited (19)

  • Bagdon v. Philadelphia & Reading Coal & Iron Co., 217 N.Y. 432 (1916)(distinguished)
  • Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011)(followed)
  • Daimler AG v. Bauman, 571 U.S. 117 (2014)(followed)
  • Chufen Chen v. Dunkin' Brands, Inc., 954 F.3d 492 (2d Cir. 2020)(rejected)
  • Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939)(distinguished)
  • Pennsylvania Fire Insurance Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917)(distinguished)
  • International Shoe Co. v. State of Washington, International Shoe Co. v. Washington, 326 U.S. 310 (1945)(followed)
  • World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980)(followed)
  • Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. 255 (2017)(followed)
  • Ford Motor Co. v. Montana Eighth Judicial District Court, 592 U.S. 351 (2021)(followed)

Showing top 10 of 19.

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