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PLAINTIFF ENTITLED TO JURISDICTIONAL DISCOVERY WITH RESPECT TO DEFENDANT HOSPITAL IN THIS MEDICAL MALPRACTICE ACTION; HOSPITAL DID NOT CONSENT TO JURISDICTION BY REGISTERING AS A FOREIGN CORPORATION; DOCTORS DID NOT CONSENT TO JURISDICTION BY BECOMING LICENSED IN NEW YORK (FOURTH DEPT).

The Fourth Department determined the plaintiff was entitled to jurisdictional discovery with regard to a hospital defendant in this medical malpractice action. The court noted that the hospital did not consent to the general jurisdiction of New York courts by registering as a foreign corporation with the Department of State and the defendant doctors did not consent to New York personal jurisdiction based upon becoming licensed to practice medicine in New York:

… [P]laintiff made a “sufficient start” in establishing personal jurisdiction over the hospital pursuant to CPLR 301 and 302 (a) (1) to be entitled to disclosure pursuant to CPLR 3212 (f)  … . The record “is not clear whether [the hospital’s] affiliations with the State [of New York] are so continuous and systematic as to render [it] essentially at home in the . . . State’ ” as required for general jurisdiction … or whether its activities in New York are ” purposeful and [whether] there is a substantial relationship between the transaction and the claim asserted’ ” as required for long-arm jurisdiction … . However, the record contains evidence that the hospital advertises to prospective New York patients and has at least some relationship with New York providers, New York insurers, and defendant Guthrie Medical Group, P.C., which owns New York offices. The record also contains evidence that the hospital derives substantial revenue from New York residents. Based on that initial showing, we conclude that plaintiff has made a “sufficient start” by establishing that facts “may exist to exercise personal jurisdiction” over the hospital, warranting jurisdictional discovery … . Best v Guthrie Med. Group, P.C., 2019 NY Slip Op 06320, Fourth Dept 8-22-19

 

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