“Transacting Business” Criteria for Long-Arm Jurisdiction Met
The Second Department determined Supreme Court should not have granted the Connecticut defendant’s motion to dismiss for lack of personal jurisdiction. Defendant had transacted business in New York within the meaning of the long-arm statute:
Under New York’s long-arm statute, “a court may exercise personal jurisdiction over any non-domiciliary . . . who in person or through an agent . . . transacts any business within the state or contracts anywhere to supply goods or services in the state” (CPLR 302[a]), regardless of whether that non-domiciliary has actually entered New York State … . Whether a defendant has transacted business within New York is determined under the totality of the circumstances, and rests on whether the defendant, by some act or acts, has “purposefully avail[ed] itself of the privilege of conducting activities within [New York]” … . “Purposeful activities are those with which a defendant, through volitional acts, avails itself of the privilege[s] of conducting activities within the forum State, thus invoking the benefits and protections of its laws'” … . Proof of one transaction in New York is sufficient to invoke jurisdiction, even though the defendant never enters New York, as long as the defendant’s activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted … .
Here, the complaint asserts that the defendant, through its agent, solicited the plaintiff’s services while present in New York. The record indicates that the defendant’s agent traveled to New York for three meetings with the plaintiff before the parties finalized their agreement, and that the defendant’s agent subsequently traveled to New York in furtherance of the contract. Moreover, the parties engaged in numerous telephone and email communications regarding the contract. Under the totality of the circumstances, the defendant conducted sufficient purposeful activities in New York, which bore a substantial relationship to the subject matter of this action, so as to avail itself of the benefits and protections of New York’s laws … . Paradigm Mktg Consortium Inc v Yale New Haven Hospital Inc, 2015 NY Slip Op 00508, 2nd Dept 1-21-15