FILED: NEW YORK COUNTY CLERK 011112020 10:21 .
`FILED: NEW YORK COUNTY CLERK 01/10/2020 10:21 AM
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`NYSCEF DOC. NO. 36
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`INDEX NO. 160694/2019
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`RECEIVED NYSCEF: 01/10/2020
`R«.C«.IV«.D \Irsczarz 01/10/2020
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`SUPREME COURT OF THE STATE OF NEW YORK
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`NEW YORK COUNTY
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`PRESENT:
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`HON. DORIS LING-COHAN
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`PART
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`IAS MOTION 36
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`moex No.
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`160694/2019
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`, DONALD TRUMP,
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`_
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`Defendant.
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`"'""'---""'""""""“'"“""""l"""""""""""""""""""""""""""x
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`MOTION DATE
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`MOTION SEQ. NO.
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`N/A
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`001
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`DECISION + ORDER ON
`MOTION
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`The following e-filed documents, listed by NYSCEF document number (Motion 001) 28, 29, 30, 31, 32.
`33, 34
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`were considered on this motion to/for
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`DISMISS
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`Defendant Donald Trump (“Trump”) seeks that this Court sign his Order to Show Cause
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`to dismiss for lack of personal jurisdiction and for an interim stay of discovery.
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`Upon the foregoing documents, it is
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`ORDERED that the Court declines to sign the within Order to Show Cause submitted by
`defendant Trump, as the moving papers fail to contain an affidavit byhhim, to support his
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`argument that this Court lackspersonal jurisdiction over him. Although defendant Trump,
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`through his counsel, claims lack of personal jurisdiction, notably, there is not even a tweet, much
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`less an affidavit by defendant Trump in support of his motion. Instead, as to his claim of lack of
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`personal jurisdiction, defendant asserts, through his attorney in a'rnére Memorandum of Law in
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`Support, that this Court should “take judicial notice that the President of the United States has
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`resided in the White House for the past three years.” (Memorandum of Law in Support, at 2, ill).
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`However, judicial notice is not appropriate here, as “[a] court may only apply judicial notice to
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`matters ‘of common and general knowledge, well established, and authoritatively settled, not
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`160694/2019 CARROLL, E. JEAN vs. TRUMP, DONALD J.
`Motion No. 0017
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`FILED: NEW YORK COUNTY CLERK 01/10/2020 10:21 AM
`FILED: NEW YORK COUNTY CLERK 011-1120201021 A
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`Nysc:
`NYSCEF DOC. NO. 36
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`._ 3F DOC. NO. 36
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`INDEX NO. 160694/2019
`INDEX NO- ”0694/2019
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`RECEIVED NYSCEF: 01/10/2020
`R«C«IV«D VYSCEF: 01/10/2020
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`doubtful or uncertain [g] the test is whether sufficient notoriety. attaches to the fact to make it
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`proper to assume its existence without proof.” (Dallas v WR. Grace and C0,, 225 AD2d 319,
`320 [lst Dept 1996], quoting Ecco High Frequency Corp. v Amtorg Trading Corp. , 81 NYS 2d
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`610 [Sup Ct, NY County 1948], afi’d 274 AD 982 [1st Dept 1948]).
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`i
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`The Court notes that, not only Was ~no affidavit from defendant Trump supplied in support
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`of this application, but even the defendant’s attorney’s affirmation does not assert a basis
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`(evidentiary or otherwise) for dismissal; rather, the affirmation acts as a mere conduit to provide
`. documents relating to the procedural posture of the case. (Lawrence Rosen Affirmation).
`Moreover, there is no basis for a stay of discovery deadlines in this case.
`I
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`In the future, all Orders to Show Cause shall be presented in the following manner:
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`(1) . Notice to the other side as per 22 NYCRR §202.7(f) and the Court shall also be
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`provided with courtesy hard copies in hand, of all papers; and
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`'(2)
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`Movant shall seek an appropriate “time, date and place” as per 22 NYCRR '
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`§202.7(f), for presentation of any application, from the Part’s court attorney by telephone, prior I
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`DORIS LING-COHAN, J.
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`to filing.
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`1/6/2020
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`DATE
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`CHECK ONE:
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`APPLICATION:
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`CASE msposeo
`GRANTED
`SETTLE ORDER
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`DENIED
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`NON-FINAL DISPOSITION
`GRANTED IN PART
`SUBMIT ORDER
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`-
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`[:1 OTHER
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`CHECK IF APPROPRIATE:
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`INCLUDES TRANSFER/REASSIGN
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`FIDUCIARY APPOINTMENT»
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`a D REFERENCE
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`J :Uudge_Ling-Cohan\OSC\Denied\Carrol| v Trump 01606942019 001.docx
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`160694I2019 CARROLL, E. JEAN vs. TRUMP, DONALD J.
`Motion No. 001
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`Page 2 of 2
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