Monday, November 28, 2016

Opposing a motion to dismiss for lack of personal jurisdiction.

Practice point:  In opposition to a motion pursuant to CPLR 3211(a)(8) to dismiss a complaint for lack of personal jurisdiction, a plaintiff need only make a prima facie showing that the defendant is subject to the court's jurisdiction of the court. If it appears that facts essential to justify opposition to the motion exist but cannot then be stated, the court may postpone resolution of the issue of personal jurisdiction, pursuant to CPLR 3211[d].

Case:  Chen v. Guo Liang Lu, NY Slip Op 07290 (2d Dep't November 9, 2016)

Here is the decision.

Tomorrow's issue:  A time-barred medical malpractice claim.