Attorney successfully opposed plaintiff's motion for summary judgment and succeeded in cross motion to dismiss plaintiff's complaint

Attorney successfully opposed plaintiff's motion for summary judgment and succeeded in cross motion to dismiss plaintiff's complaint. Plaintiff filed a motion for summary judgment seeking the entry of judgment in its favor pursuant to a promissory note executed by defendant, a Puerto Rico based pipe lining contractor. The agreement specifically called for the application of North Carolina law. Though executed in New York, defense attorney successfully argued that the New York court did not have jurisdiction as the service did not comport with the New York long arm statute requiring that service outside of New York comply with the requirements of the foreign jurisdiction. Plaintiff failed to serve the matter in accord with Puerto Rico law. Moreover, the summary disposition mechanism allowed under CPLR sec. 3213 is not consistent with North Carolina law and therefore the matter would have to be litigated in plenary fashion but only after it was first dismissed, re-filed, and properly served. By forcing plaintiff to re-file the matter and re-serve the suit papers, the matter can be timely removed to federal court and transfer can be sought to the District Court of Puerto Rico.