Appellate Division of the Supreme Court of New York, 1996

Shearson Lehman Bros. v. Sayler

Shearson Lehman Bros. v. Sayler
Appellate Division of the Supreme Court of New York · Decided January 4, 1996
223 A.D.2d 353; 636 N.Y.S.2d 40; 1996 N.Y. App. Div. LEXIS 36
Shearson Lehman Bros. v. Sayler

Opinion of the Court

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered October 21, 1994, which granted the petition for a permanent stay of arbitration, unanimously reversed, on the law, the petition denied and the proceeding dismissed, with costs.

Where petitioners acknowledge, and there is no dispute, that respondents as well as the individual petitioner, their stockbroker, are residents of Nebraska and that all of the underlying transactions took place in Nebraska, the affirmation in opposition of respondents’ attorney was sufficient to assert the lack of in personam jurisdiction over them, particularly where petitioners’ motion is likewise solely supported by their attorney’s affirmation. Concur — Murphy, P. J., Wallach, Kupferman, Ross and Williams, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.