Judge Paul Engelmayer
Plaintiff (Karpov) was seven years old when adopted in 2001 by defendants Vladimir and Svetlana. They lived in Delaware until Karpov fled to New York in 2008, escaping sex abuse by Vladimir that continued until she was 14. In addition to child sexual abuse by Vladimir, Karpov’s May 2012 diversity complaint alleged Svetlana beat her for complaining about the abuse. Vladimir is incarcerated in Delaware state prison. Svetlana lives in Delaware. District court agreed with defendants that it lacked personal jurisdiction because the abuse occurred entirely in Delaware. Further Karpov alleged neither Vladimir’s or Svetlana’s transaction of business in New York, nor facts subjecting them to New York’s jurisdiction under CPLR §302 for tort claims arising from the alleged sexual and physical abuse occurring in Delaware. Rather than dismissing suit, the court transferred action to federal court in Delaware. Karpov’s suit could have been brought in Delaware, where venue would be proper because defendants are found therein. Given the parties’ domiciles, there would be complete diversity of citizenship. Citing Paul v. INS, district court found the interests of justice supported holding defendants to account if Karpov’s allegations are true.
