30 A.D.2d 768 | N.Y. App. Div. | 1968
Orders unanimously reversed and motions granted, with costs. Memorandum: Defendant appeals from orders of Livingston Special Term which denied its motions to dismiss the complaint on the ground that the court lacked jurisdiction of the person of the defendant. Defendant is a Connecticut corporation. Its only office and place of business is at Waterbury, Connecticut. It has no office, telephone listing, address, property, sales representative, purchasing agent or employee in the State of New York and is not authorized to do business here. During the year of 1962 it did, however, have an advertisement in a national industrial directory which was circulated throughout New York State by the publisher thereof. On February 23, 1962 plaintiff wrote defendant a letter asking for samples of manufactured caps and on March 8, 1962 defendant shipped samples of such caps from Waterbury, Connecticut, to plaintiff. Thereafter plaintiff ordered a quantity of caps from defendant which were shipped by defendant to plaintiff on September 9, 1962, f.o.b. Waterbury, Connecticut. Plaintiff claims that the caps so shipped were not of the size ordered and brought this action against defendant to recover its alleged damages. The summons herein was served on defendant by service thereof on the Secretary of State pursuant to section. 307 of the Business Corporation Law. Defendant thereupon moved pursuant to CPLR 3211 (subd. [a], par. 8) to dismiss the complaint. Plaintiff’s president alleges that he did not know of the existence of defendant until February, 1962 when he examined a directory of companies engaged in the manufacturing of the desired caps and found defendant and other companies listed therein. He then wrote defendant and other companies requesting them to bid thereon. If the total of