Motion to Dismiss for Lack of Personal Jurisdiction Can Only Be Made by Defendant Over Whom Jurisdiction is Being Asserted

Motion to Dismiss for Lack of Personal Jurisdiction Can Only Be Made by Defendant Over Whom Jurisdiction is Being Asserted

On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04490, holding that a motion to dismiss based on lack of personal jurisdiction because of improper service can only be made by the defendant over whom jurisdiction is being asserted . . . Continue reading Motion to Dismiss for Lack of Personal Jurisdiction Can Only Be Made by Defendant Over Whom Jurisdiction is Being Asserted

Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause

Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause

On July 11, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v. Next Frontier Holdings, Inc., 2025 NY Slip Op. 32597(U), holding that a defendant was subject to personal jurisdiction in New York because of his close relationship to a business that signed a note with a New York forum selection clause . . . Continue reading Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause

Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York

Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York

On February 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Pepsico, Inc. v. Crystal Springs Resorts/Minerals Hotel, 2025 NY Slip Op. 50515(U), holding that advertising mentioning a business’s proximity to New York was insufficient to create personal jurisdiction in New York . . . Continue reading Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York

Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

On September 3, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Amelia Mar. Group Ltd. v. Integr8 Fuels Am. LLC, 2024 NY Slip Op. 33075(U), holding that registration to do business in New York does not automatically submit a defendant to personal jurisdiction in New York . . . Continue reading Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction

Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction

On August 7, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Taylor, 2024 NY Slip Op. 04119, holding that entering an appearance without challenging jurisdiction waives the defense of lack of personal jurisdiction . . . Continue reading Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

On April 18, 2024, the Court of Appeals issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, 2024 NY Slip Op. 02081, holding that a buyer in an asset purchase acquisition was subject to personal jurisdiction based on the seller’s conduct . . . Continue reading Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct