Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

HINSCH v. OUTRIGGER HOTELS HAWAII

July 24, 2001

JOHN H. HINSCH, PLAINTIFF,
V.
OUTRIGGER HOTELS HAWAII, A LIMITED PARTNERSHIP DEFENDANT.



The opinion of the court was delivered by: Wexler, District Judge.

In this action plaintiff, John Hinsch ("Hinsch" or "Plaintiff") a resident of the State of New York, alleges that he was injured while vacationing in Hawaii at a hotel operated by defendant, Outrigger Hotels Hawaii ("Defendant" or "the Resort").*fn1 Presently before the court is Defendant's motion to dismiss for lack of personal jurisdiction pursuant to FRCP 12(b)(2). In the alternative, Defendant seeks transfer of this matter to a forum where personal jurisdiction is proper — the United States District Court for the District of Hawaii. For the reasons set forth below, motion to dismiss for lack of personal jurisdiction is granted.

BACKGROUND

I. Facts

The facts set forth below are those alleged by Plaintiff in his complaint. Those facts are deemed true for purposes of this motion directed to the pleadings.

In January 1999, Plaintiff made reservations at the Resort. Plaintiff became aware of the Resort when he read an advertisement in a magazine published by the American Automobile Association ("AAA"). The advertisement directed those interested to "CALL YOUR TRAVEL AGENT" to arrange to stay at the Resort. The Plaintiff arranged his stay at the Resort with a travel agent located in New York.

Plaintiff alleges that while he was vacationing at the Resort he slipped and fell. He attributes the fall to Defendant's negligence and seeks damages in the amount of $150,000.

II. Defendant's Motion and Plaintiff's Opposition

Defendant seeks dismissal of Plaintiff's complaint for lack of personal jurisdiction or, in the alternative, transfer of this matter to the District of Hawaii. With respect to the jurisdictional argument, the Resort argues that it was neither: (1) "doing business" in New York within the meaning of Section 301 of the CPLR nor (2) "transacting business" within the meaning of Section 302 of the CPLR, New York's Long Arm Statute.

Plaintiff makes no particular legal argument in favor of jurisdiction. Instead, he states only that Plaintiff was treated in New York and that in "today's way of doing business" the Resort should be amenable to suit in this State. After outlining the applicable law, the court will turn to the merits of the motion.

DISCUSSION

I. Legal Principles

Where, as here, the basis of federal jurisdiction is diversity of citizenship, this court applies the law of the State of New York to determine whether jurisdiction over the defendant may be exercised. See CutCo Industries, Inc. v. Naughton, 806 F.2d 361, 365 (2d Cir. 1986); Arrowsmith v. United Press, Internat'l, 320 F.2d 219, 222-25 (2d Cir. 1963) (en banc); Domond v. Great American Recreation, Inc., 116 F. Supp.2d 368, 371 (E.D.N.Y. 2000); Andrei v. DHC Hotels and Resorts, Inc., 2000 WL 343773 *2 (S.D.N.Y. March 31, 2000); Weinberg v. Club ABC Tours, Inc., 1997 WL 37041 *1 (E.D.N.Y. January 21, 1997).

New York law provides for jurisdiction over a foreign defendant under two circumstances that could possibly be argued to apply here. First, personal jurisdiction may be exercised if a defendant is "doing business" in New York within the meaning of Section 301 of the CPLR ("Section 301"). Second, long arm jurisdiction may be exercised over a defendant if the circumstances ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.