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Statutory and Due-Process Criteria for Long-Arm Jurisdiction Over a Nondomiciliary Defendant Described

The Third Department determined Supreme Court properly exercised jurisdiction over defendant under the long-arm statute and under federal due process principles:

In deciding whether an action may be maintained in New York against a nondomiciliary defendant, the court must first determine whether jurisdiction exists under New York’s long-arm statute (see CPLR 302) based upon the defendant’s contacts with this state; and, if it does, the court then determines “whether the exercise of such jurisdiction comports with due process” … . The ultimate burden is on the plaintiff to demonstrate that such requirements have been met … .

Here, plaintiffs assert that defendant’s conduct falls within the provisions of CPLR 302 (a) (3) (ii), which confers jurisdiction when a defendant commits a tortious act outside New York that causes injury to a person or property within the state and the defendant “expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce” … . *  *  *

Based on the record before us, we likewise find that the exercise of jurisdiction over defendant is compatible with federal due process standards. Generally, “a State may constitutionally exercise jurisdiction over non-domiciliary defendants, provided they had certain minimum contacts with [the forum State] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice” … . The relevant inquiry is whether a defendant “purposefully avai[led] itself of the privilege of conducting activities within [New York], thus invoking the benefits and protections of its laws” … . Under the circumstances here, inasmuch as defendant targeted New York consumers through a network of distributors that rendered it likely that its products would be sold in New York, “it is not unreasonable to subject it to suit in [this state] if its allegedly defective merchandise has . . . been the source of injury to [a New York resident]” … . Darrow v Hectronic Deutschland, 2014 NY Slip Op 05239, 3rd Dept 7-10-14

 

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