It is within the framework of the above causes of actions and claims that the question of personal jurisdiction is to be determined. Inasmuch as plaintiffs seek to invoke CPLR § 302 to obtain jurisdiction over the persons of defendants, it is they who must prove sufficiently the existence of facts lending themselves to personal jurisdiction over the defendants. Evans v. Eric, 370 F. Supp. 1123 (S.D.N.Y. 1974); Lamarr v. Klein, 35 A.D.2d 248, 315 N YS.2d 695 (1st Dept. 1970); United States v. Montreal Trust Company, 358 F.2d 239 (2d Cir.), cert. denied, 384 U.S. 919, 86 S.Ct. 1366, 16 L.Ed.2d 440 (1966); Unicon Management Corp. v. Koppers Company, 250 F. Supp. 850 (S.D.N.Y. 1966). If CPLR § 302(a)(1) (the transaction of business section) is involved, plaintiffs must demonstrate that the defendant was engaged in a purposeful activity within the state and that plaintiffs' claim arises from that activity. Longines-Wittnauer Watch Co. v. Barnes and Reinecke, Inc., 15 N.Y.2d 443, 261 N.Y.S.2d 8, 209 N.E.2d 68 (1965). If CPLR § 302(a)(2) or § 302(a)(3) is involved, plaintiffs must demonstrate that the defendant committed within or without the state a specific act which plaintiffs claim to be tortious.

The burden of proof is on plaintiff Top Form to sustain its assertion of jurisdiction by a preponderance of the evidence. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Evans v. Eric, 370 F. Supp. 1123 (S.D.N.Y. 1973). However, on these motions it is proper for this court to examine affidavits and depositions to establish the jurisdictional facts, H. L. Moore Drug Exchange, Inc. v. Smith, Kline French Laboratories, 384 F.2d 97 (2d Cir. 1967) (per curiam); Lynn v. Cohen, 359 F. Supp. 565, 566 (S.D.N.Y. 1973), and in so doing the court "must consider the pleadings and affidavits in the light most favorable to the [plaintiff], who [is] the non-moving party."