The New York Court of Appeals recently decided Greenberg v. Sir-Tech Software, Inc. concerning a contract dispute in which the defendant was claiming lack of personal jurisdiction (see prior post on this case).  The Court held that the plaintiff had demonstrated personal jurisdiction over the defendant pursuant to CPLR 302(a)(1) [the transacts any business test under New York’s long-arm jurisdiction].

The interesting procedural twist is that the plaintiff had appealed from the Appellate Division’s dismissal of his third amended complaint.  The plaintiff had filed his third amended complaint during the pendency of the Appellate Division’s decision on the plaintiff’s second amended complaint, which the Appellate Division ultimately also dismissed based on the law of the case doctrine.  The Court of Appeals, in a footnote, stated that the appeal from the third amended complaint brought up from review the dismissal of the second amended complaint.