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J.A. Mennella Foods Corp. v. Neptune's Nuggets, Inc.

74 Misc. 2d 839, 346 N.Y.S.2d 43 (1973)

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J.A. Mennella Foods Corp. v. Neptune’s Nuggets, Inc.

New York County Court
74 Misc. 2d 839, 346 N.Y.S.2d 43 (1973)

Facts

J. A. Mennella Foods Corporation (Mennella) (plaintiff) sued Neptune’s Nuggets, Inc. (Neptune) and Matlaw’s Food Products, Inc. (Matlaw) (collectively, defendants) in county court in Suffolk County. Mennella’s complaint asserted two causes of action. The Suffolk County clerk issued a default judgment in Mennella’s favor in the amount of $11,836.82. Neptune and Matlaw moved to vacate the default judgment and dismiss the complaint, arguing that the county court did not have personal jurisdiction over them because they were not doing business in Suffolk County when Mennella commenced suit against them and because the judgment exceeded the county court’s $10,000 jurisdictional limit. Mennella responded that the county court had personal jurisdiction over Neptune and Matlaw pursuant to New York’s long-arm statute, Civil Procedure Law and Rules (CPLR) § 302 and that the county court’s jurisdictional limit was $20,000 in this case because Mennella asserted two causes of action (i.e., $10,000 per claim).

Rule of Law

Issue

Holding and Reasoning (Gates, J.)

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