Legal Opinion

Cadle Co. v. Ayala

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 2008PublishedCited by 6 opinions

1Opinion of the Court

In an action to enforce a foreign judgment entered upon default, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated January 8, 2007, which denied its unopposed motion for summary judgment.

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

*920Contrary 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…

2Cases cited3 opinions

  1. Buckeye Retirement Co. v. LeeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Araujo v. AvilesAppellate Division of the Supreme Court of the State of New York · 2006
  3. Fishman v. Pocono Ski Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by6 opinions

  1. Mejia-Haffner v. Killington, Ltd.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Mister Money Israel, Ltd. v. LeibowitzAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Carrasco v. CruzAppellate Division of the Supreme Court of the State of New York · 2016
  4. TCA Global Credit Master Fund, L.P. v. Puresafe Water Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Cadlerock Joint Venture, L.P. v. SimmsAppellate Division of the Supreme Court of the State of New York · 2025

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