Legal Opinion · Dissent
Reed v. Gowanda Nursing Home
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 2004Published
1Dissent
Pigott, Jr., P.J., and Hurlbutt, J. (dissenting).
We respectfully *989dissent. In our view, Supreme Court erred in denying the motion of defendant U-Haul International, Inc. (U-Haul) seeking dismissal of the complaint against it based on lack of personal jurisdiction (see CPLR 3211 [a] [8]). Once U-Haul raised the challenge to personal jurisdiction, plaintiffs had the burden of proving that U-Haul, a foreign corporation not authorized to do business in New York, was properly served with process in compliance with Business Corporation Law § 307 (see Janko Pool Serv. v Berelson, 145 AD2d 897,…
2Cases cited8 opinions
- Macchia v. RussoNew York Court of Appeals · 1986
- Raschel v. RishNew York Court of Appeals · 1986
- Flick v. Stewart-Warner Corp.New York Court of Appeals · 1990
- De Zego v. Bruhn, M. D., P. C.New York Court of Appeals · 1986
- Flannery v. General Motors Corp.New York Court of Appeals · 1995
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