While the ultimate burden of proof rests with the party asserting jurisdiction, a plaintiff, in opposing a motion to dismiss pursuant to CPLR 3211(a)(8), is required to make only make a prima facie showing that the defendant is subject to personal jurisdiction. Where the plaintiff opposes the motion on the ground that discovery is necessary, the plaintiff need only demonstrate that there may be facts sufficient for the exercise of personal jurisdiction over the defendant. On such a showing, the court may, in the exercise of its discretion, postpone resolution of the jurisdictional question, pursuant to CPLR 3211[d].
Abad v. Lorenzo, NY Slip Op 05426 (2d Dep't July 25, 2018)
Here is the decision.
