Lack of personal jurisdiction, and forum non conveniens.

Practice point: Defendant did not waive this affirmative defense by moving for summary judgment dismissing the complaint on the merits, given that defendant had previously raised the jurisdictional defense.

Student note: The promissory note at issue contained a clause selecting New York as the forum, barring defendant's forum non conveniens motion.

Case: Gliklad v. Cherney,  NY Slip Op 05333 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Defamation.