Kleinfeld v Rand
2016 NY Slip Op 06751 [143 AD3d 524]
October 13, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2016


[*1]
 Eve Kleinfeld, Appellant,
v
Marnin Rand, Respondent.

Garvey Schubert Barer, New York (Maurice W. Heller of counsel), for appellant.

Borenstein McConnell & Calpin, P.C., Brooklyn (Abraham Borenstein of counsel), for respondent.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 1, 2015, which granted defendant's motion to dismiss the complaint for lack of personal jurisdiction, unanimously reversed, on the law, without costs, and the motion denied.

Dismissal of the complaint for lack of personal jurisdiction was improper in this action on defendant's guaranty of a promissory note. Defendant is a New Jersey resident, but he came to New York two or three times—once or twice to negotiate the terms of the note, and once to negotiate his guaranty. Negotiating the terms of a note constitutes the transaction of business (see San Ysidro Corp. v Robinow, 1 AD3d 185, 187 [1st Dept 2003]; CPLR 302 [a] [1]), and by analogy, so does negotiating the terms of a guaranty of a note. Concur—Friedman, J.P., Richter, Feinman, Kapnick and Kahn, JJ. [Prior Case History: 2015 NY Slip Op 30703(U).]