In a June 9, 2011 decision by Justice Demarest the court denied a motion to dismiss based on lack of personal jurisdiction. In coming to that determination the court held that under New York law a plaintiff must only demonstrate a “sufficient start” to finding personal jurisdiction, by demonstrating that facts may exist which would support a finding that defendants were subject to the jurisdiction of the New York courts. In the instant case, plaintiff made such a showing by alleging that the defendants, who were members of an LLC which was authorized to do business in New York, conspired with the LLC and a New York resident in defrauding the plaintiff.
Atkodes et al v. Pyatetsky et al, Sup Ct, Kings County, June 9, 2011, Demarest, J, Index No. 29672/08.