52 A.D.2d 897 | N.Y. App. Div. | 1976
In an action inter alia to recover damages for fraud, plaintiff appeals from an order of the Supreme Court, Nassau County, dated November 6, 1975, which, after a hearing, granted the branch of defendants’ motion which sought to dismiss the complaint on the ground that defendants are not subject to personal jurisdiction in New York State under CPLR 302 (subd [a], par 2). Order affirmed, with costs. In November, 1973 plaintiff, a New York corporation, entered into an agreement to distribute fluorescent pens used in the banking industry, which were manufactured by defendants, a California corporation and its principals. Plaintiff concedes that defendants are not doing business or transacting business within New York State. In or about March, 1974 plaintiff wrote to defendants, based upon reports in the industry, questioning the ability of the fluorescent ink to last for a period of five years. In response, defendants sent a letter to plaintiff unconditionally guaranteeing that the ink would last for five years under normal conditions. In a subsequent communication in August, 1974, defendants conceded that tests of the ink indicated that it would in fact fade prior to the five-year period. Plaintiff contends that the