Motion to Quash Service of Summons in New York

What Is a Motion to Quash Service of Summons?

Background

A party may move to quash service of summons on the grounds that the court does not have jurisdiction over the defendant. (Civ. Prac. Law & Rules, § 3211(a)(8).)

How to Structure the Motion

“Although a plaintiff is not required to plead and prove personal jurisdiction in the complaint, where jurisdiction is contested, the ultimate burden of proof rests upon the plaintiff.” (Pichardo v. Zayas, 122 A.D.3d 699, 700-01 [2nd dept. 2014].)

A plaintiff may establish personal jurisdiction by showing either general jurisdiction, where the defendant’s affiliations with the forum state are so continuous as to render them essentially “at home” in the state, or specific jurisdiction, where the defendant has sufficient contacts relating to the underlying controversy under New York’s long-arm statute. (Civ. Prac. Law & Rules, § 302.)

The Court’s Decision

The jurisdictional inquiry is twofold. (Civ. Prac. Law & Rules, § 302(a)(1).) “Under the first prong the defendant must have conducted sufficient activities to have transacted business in the state, and under the second prong, the claims must arise from the transactions.” (Al Rushaid v. Pictet & Cie, 28 N.Y.3d 316, 323 [2016].) Essential to maintenance of a suit against a non-domiciliary under this section is existence of some articulable nexus between business transacted and cause of action sued upon. (McGowan v. Smith, 52 N.Y.2d 268 [1981].)

Section 302 of Civil Practice Law and Rules provides for personal jurisdiction over a defendant which “commits a tortious act within the state.” (Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc., 15 N.Y.2d 443, 465 [1965].)

A court may also exercise personal jurisdiction over anyone who “commits a tortious act without the state causing injury to person or property within the state.” (Civ. Prac. Law & Rules, § 302(a)(3).) “The situs of the injury is the location of the original event which caused the injury, not the location where the resultant damages are subsequently felt by the plaintiff.” (Varchonas v. Tonyes, 61 A.D.3d 850 [2nd Dept. 2009]; Black v. Oberle Rentals, Inc., 55 Misc. 2d 398 [Sup. Ct. Onondaga Cty. 1967].)

Documents

1-10 of 118 results

County

New York County, NY

Filed Date

Aug 11, 2020

Type

Commercial - Other (fraud)

Judge Hon. Melissa Anne Crane Trellis Spinner 👉 Discover key insights by exploring more analytics for Melissa Anne Crane
County

New York County, NY

Filed Date

Jul 17, 2020

Type

Commercial Division

Judge Hon. Marcy Friedman Trellis Spinner 👉 Discover key insights by exploring more analytics for Marcy Friedman
Case Name E012020015589
Case Filed

Mar 11, 2020

County

Columbia County, NY

Filed Date

Jun 17, 2020

Judge

Andrew G Ceresia

Case Filed

Nov 25, 2019

Case Status

Active-Post Judgment

County

Orange County, NY

Filed Date

Jun 03, 2020

Type

Other Matters - Contract - Other

County

Erie County, NY

Filed Date

Mar 12, 2020

Type

Commercial - Other (Declaratory/Indemnity)

Judge

Catherine Nugent Panepint

County

Kings County, NY

Filed Date

Feb 19, 2020

Type

Foreclosure (non-residential mortgage)

Judge

Partnow-For.Resolution Pt 2

County

Erie County, NY

Filed Date

Feb 06, 2020

Type

Commercial - Other (Declaratory/Indemnity)

Judge

Catherine Nugent Panepint

County

Erie County, NY

Filed Date

Feb 06, 2020

Type

Commercial - Other (Declaratory/Indemnity)

Judge

Catherine Nugent Panepint

Case Filed

Feb 13, 2019

Case Status

Disposed

County

New York County, NY

Filed Date

Jan 22, 2020

Type

Torts - Other (Personal Injury)

Judge Hon. Paul Goetz Trellis Spinner 👉 Discover key insights by exploring more analytics for Paul Goetz
County

Kings County, NY

Filed Date

Oct 16, 2019

Type

Real Property - Tax Foreclosure

Judge

Partnow-For.Resolution Pt 2

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