Yellow Book Co. v. Rose

OPINION OF THE COURT

Michael S. Alongé, J.

The defendants have brought this motion to dismiss on the grounds that the plaintiff lacks personal jurisdiction over the defendants pursuant to CPLR 3211 (a) (8), but concede that the motion has not been made within 60 days as required by *264CPLR 3211 (e). The defendants argué that the motion should be granted anyway because of the “undue hardship” clause of CPLR 3211 (e) which became effective January 1, 1997.

The facts of this case are that the parties entered into an advertising contract on March 20, 1998, and Yellow Book contends that $4,195.97…