Sung Hwan Co., Ltd. v. Rite Aid Corp.

Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 2, 2015, after a nonjury trial, dismissing the complaint, unanimously affirmed, without costs. In this action pursuant to CPLR article 53 to enforce a foreign money judgment, plaintiff had the burden of establishing jurisdiction (Venegas v Capric Clinic, 147 AD3d 457 [1st Dept 2017]; Derso v Volkswagen of Am., 159 AD2d 937, 938 [4th Dept 1990]). On the record before us, we cannot conclude that Supreme Court erred in determining that plaintiff failed to do so. Specifically at issue was whether defendant operated *595 or controlled an ice cream factory owned by a subsidiary that allegedly supplied listeria-tainted ice cream to plaintiff in South Korea. The record does not support a conclusion that Supreme Court erred in determining that defendant did not operate or control the ice cream factory directly or through a subsidiary acting as a “department” of defendant (see Volkswagenwerk AG. v Beech Aircraft Corp., 751 F2d 117, 120 [2d Cir 1984]). Moreover, neither could apparent authority give rise to jurisdiction over defendant here. Plaintiff relies upon cases from across the country involving defendant. We have reviewed these cases and find them inap-posite. We have also considered plaintiff’s remaining arguments and find them unavailing. Concur—Sweeny J.P., Renwick, Andrias and Manzanet-Daniels, JJ.