EXPERT SEWER & DRAIN, LLC v. NEW ENGLAND MUN. EQUIP. CO., INC.

2012-03639.

106 A.D.3d 775 (2013)

964 N.Y.S.2d 597

2013 NY Slip Op 3298

EXPERT SEWER & DRAIN, LLC, Appellant, v. NEW ENGLAND MUNICIPAL EQUIPMENT COMPANY, INC., Respondent.

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

Decided May 8, 2013.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied without prejudice to renewal upon the completion of discovery on the issue of personal jurisdiction over the defendant.

As the party seeking to assert personal jurisdiction, the plaintiff bears the ultimate burden of proof on that issue (see Marist Coll. v Brady, 84 A.D.3d 1322 [2011]). In opposing a motion...

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