Yankwitt LLP Secures Complete Dismissal of Complaint Against Out-of-State Casino Client
Yankwitt LLP successfully moved to dismiss all claims against its client, Golden Nugget Atlantic City, LLC, in a personal injury action brought in New York Supreme Court. Golden Nugget is a New Jersey Limited Liability Company and the plaintiff was allegedly injured at a nightclub in New Jersey. In its motion, Yankwitt LLP argued the court could not exercise personal jurisdiction over Golden Nugget under the New York long-arm statute or as a matter of constitutional due process. On May 12, 2017, the Richmond County Supreme Court (Desmond A. Green, J.S.C.) agreed and granted the motion to dismiss, finding that Golden Nugget is not subject to personal jurisdiction in New York because it is not at “home” in this state and it’s New York activities are not causally related to the plaintiff’s claims, all of which arose out of an incident in New Jersey. In reaching its decision, the court relied on the watershed United States Supreme Court decision of Daimler A.G. v. Bauman, 131 S. Ct. 746 (2014) and it’s New York progeny. The case is Andrea DeRosa v. Golden Nugget Atlantic City, LLC, Index No. 151446/2016 (DAG).