Practice point: The plaintiff, in opposing a motion to dismiss pursuant to CPLR 3211(a)(8), must make a prima facie showing that the defendant was subject to the court’s personal jurisdiction.
Student note: When opposing on the ground that discovery is necessary, plaintiff need not make a prima facie showing, but must only demonstrate that facts may exist for the court to exercise personal jurisdiction over the defendant.
Case: Daniel B. Katz & Assoc. Corp. v. Midland Rushmore, LLC , NY Dept. 2011
Tuesday’s issue: Labor Law.
