Atlantic Metal Products, Inc. v. Blake Const. Co., Inc.
| Decision Date | 12 December 1972 |
| Citation | 40 A.D.2d 966,338 N.Y.S.2d 714 |
| Parties | ATLANTIC METAL PRODUCTS, INC., Plaintiff-Respondent, v. BLAKE CONSTRUCTION CO., INC., Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
B. Gassman, New York City, for plaintiff-respondent.
R. F. Condon, New York City, for defendant-appellant.
Before McGIVERN, J.P., and MARKEWICH, NUNEZ, KUPFERMAN and MURPHY, JJ.
Order, Supreme Court, New York County, entered on April 26, 1972, denying motion to dismiss for lack of jurisdiction, affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal.
Involved is a suit between a New York corporation with its factory in Yonkers, N.Y., and a Washington, D.C., firm. At issue is a contract executed by plaintiff in New York and returned to the defendant. The subject steel frames and doors were manufactured here and shipped to Washington, D.C. Then there ensued written change orders executed in New York and conferences in New York, attended by the defendant's representatives, including the defendant's President.
In our view, the transactions conducted by defendant's representatives with respect to the contract in controversy during their visits to New York, coupled with the subsequent placement by defendant of a draft in the sum of $14,370.50 with plaintiff's New York attorney, which was sent to him in New York to be held in escrow by him pending delivery by plaintiff of a balance of materials theretofore agreed upon at a second meeting in New York, at which time the differences of the parties were negotiated and resolved, constituted in their totality the purposeful activities necessary to confer jurisdiction pursuant to the statutory standard set forth in CPLR 302(a)1. We find the contract here involved to have a 'substantial connection' with New York and that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.' See: McGee v. International Ins. Co., 355 U.S. 220, 222, 78 S.Ct. 199, 201, 2 L.Ed.2d 223; and International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95. In Longines-Wittnauer v. Barnes & Reinecke, 15 N.Y.2d 443, 456, 261 N.Y.S.2d 8, 17, 209 N.E.2d 68, 74, then Judge Fuld, speaking for a unanimous Court of Appeals made clear that activities undertaken subsequent to the making of a contract in furtherance of its performance may well constitute the transaction of 'business' under the long-arm statute. Thus, ...
To continue reading
Request your trial
-
New World Capital v. Poole Truck Line, Inc.
...plaintiff. Matters critical to the action were discussed at those meetings. Similarly, in Atlantic Metal Products, Inc. v. Blake Construction Co., 40 A.D.2d 966, 338 N.Y.S.2d 714 (1st Dep't 1972), the defendant's representatives attended post-contract conferences in New York and negotiated ......
-
Columbia Pictures Industries, Inc. v. Schneider
...N.Y.S.2d 8, 209 N.E.2d 68 (1965), or activities relating to its performance in New York. Atlantic Metal Products, Inc. v. Blake Construction Co., Inc., 40 A.D.2d 966, 338 N.Y.S.2d 714 (1st Dept. 1972). Whether the negotiations in New York by one of the defendants' Los Angeles attorneys, Nor......
-
CONCRETE DETAILING SERV., INC. v. Thomsson Steel Co.
...(emphasis added); nor were there sufficient "conferences" or contacts in New York as in Atlantic Metal Products, Inc. v. Blake Constr. Co., Inc., 40 A.D.2d 966, 338 N.Y.S.2d 714 (1st Dep't 1972) (emphasis added). In Longines the preliminary negotiations by defendant's high level personnel i......
-
Katz Agency, Inc. v. Heftel Broadcasting Corp.
...numerous visits of defendant's officers to New York to supervise performance (CPLR 302(a)(1); Atlantic Metal Products, Inc. v. Blake Construction Co., Inc., 40 A.D.2d 966, 338 N.Y.S.2d 714; American Broadcasting Companies, Inc. v. George T. Hernreich, 40 A.D.2d 800, 338 N.Y.S.2d 146; Longin......