In Peterson v. Spartan Indus. (33 N.Y.2d 463 [1974]), the Court held that a plaintiff opposing a motion to dismiss for lack of personal jurisdiction need not make out a prima facie case of jurisdiction prior to being granted disclosure, pursuant to CPLR 3211 (d), to search for facts that "may exist." The plaintiffs there had "made a sufficient start, and shown their position not to be frivolous." (Id. at 467.) In that case, the defendant manufacturer had "applied for several permits and received permission to sell and store some of its products in New York, albeit some years before the event alleged in the complaint." (Id.) Furthermore, the defendant had represented, falsely, that storage and use of the product had been approved. (Id.) Thus, defendant had purposefully availed itself of the privileges and protections of doing business in New York. Indeed, the Court of Appeals might have denied the motion to dismiss on that basis alone, except that that issue was not before the Court (strictly speaking, a disclosure issue was).