September 23, 2015
Jordan R. Pavlus recently defeated a motion to dismiss a complaint based upon a lack of personal jurisdiction (CPLR § 3211(a)(8)). The complaint sued to recover on an unpaid promissory note and also named the individual member of the California LLC which was a party to the note. The motion to dismiss argued that the court had no jurisdiction over the individual member of the LLC because he was not a party to the promissory note, which set venue and jurisdiction in New York.
The motion was defeated based upon an argument that the plaintiff was entitled to discovery on the issue of whether the veil of the LLC could be pierced and jurisdiction over the individual member could be obtained.