| Crystal Cove Seafood Corp. v Chelsea Harbor, LLC |
| 2008 NY Slip Op 00222 [47 AD3d 670] |
| January 15, 2008 |
| Appellate Division, Second Department |
| Crystal Cove Seafood Corporation, Respondent, v ChelseaHarbor, LLC, Appellant. |
—[*1] John V. Salierno, Middle Village, N.Y., for respondent.
In an action to recover damages for breach of contract, the defendant appeals, as limited byits brief, from so much of an order of the Supreme Court, Nassau County (Spinola, J.), datedDecember 28, 2006, as denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (8)on the ground of lack of personal jurisdiction.
Ordered that the order is affirmed insofar as appealed from, with costs.
To successfully oppose a pre-answer motion to dismiss a complaint pursuant to CPLR 3211(a) (8), "the plaintiff need only make a prima facie showing that personal jurisdiction exists" (Opticare Acquisition Corp. v Castillo,25 AD3d 238, 243 [2005]). Here, the plaintiff met its burden with evidence that, at allrelevant times, the assignment agreement entered into between the parties was operative.Moreover, the defendant conceded at the oral argument of this appeal that the forum selectionclause therein, if found by the court to be applicable to the instant dispute, provides the basis forpersonal jurisdiction over it. Accordingly, we find no grounds to disturb the Supreme Court'sdetermination denying the defendant's motion to dismiss pursuant to CPLR 3211 (a) (8). Rivera,J.P., Spolzino, Carni and McCarthy, JJ., concur.