Tuesday, January 31, 2017

CPLR 302, 3211, and jurisdiction.

Practice point:  Pursuant to CPLR 302(a)(1) a New York court may exercise personal jurisdiction over a nondomiciliary if the nondomiciliary has purposefully transacted business within the state and there is a substantial relationship between the transaction and the claim asserted. Purposeful activities are volitional acts by which the non-domiciliary avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws. More than limited contacts are required for purposeful activities sufficient to establish that the non-domiciliary transacted business in New York.

On a motion to dismiss pursuant to CPLR 3211(a)(8), the plaintiff has the burden of presenting sufficient evidence, through affidavits and relevant documents, to demonstrate jurisdiction.

Case:  Coast to Coast Energy, Inc. v. Gasarch, NY Slip Op 00532 (1st Dep't January 26, 2017)

Here is the decision.

Tomorrow's issue:  A CPLR 5015(a)(3) motion to vacate a judgment of foreclosure and sale.