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CADLE COMPANY v. AYALA

47 A.D.3d 919 (2008)

850 N.Y.S.2d 563

CADLE COMPANY, Appellant, v. BERTHA AYALA, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 29, 2008.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the Supreme Court's reasoning, there is no procedural requirement under CPLR 3213 that the plaintiff affirmatively plead and prove facts sufficient to establish long-arm jurisdiction over the out-of-state defendant (see CPLR 302). Rather, lack of long-arm jurisdiction must be raised by the defendant in opposition to the motion (see...

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