Hunter v. Calvaresi
| Citation | 45 Misc.2d 96,256 N.Y.S.2d 356 |
| Parties | Julia M. HUNTER, a/k/a Mrs. John S. Hunter, Plaintiff, v. Dr. Vincenzo CALVARESI and Villa Malta Kennels, Inc., Defendants. |
| Decision Date | 05 November 1964 |
| Court | New York Supreme Court |
Thomas C. Woodbury, White Plains, for plaintiff.
Donald A. Mead, White Plains, for defendants.
This is a motion for an order dismissing the cause of action asserted against the defendants pursuant to CPLR 3211(a)(8) on the ground that the Court has no jurisdiction over the defendants. The plaintiff is a resident of the State of New York. Defendant, Dr. Calvaresi, is a resident of the State of Massachusetts, and defendant, Villa Malta Kennels, Inc., is a foreign corporation having its principal office also in the State of Massachusetts. Both defendants were served in Massachusetts. This action is brought in the Supreme Court, County of Westchester, in connection with the purchase of a show dog by plaintiff from defendant. Negotiations between the parties took place in Connecticut at which time a price of $1250.00 was offered by the plaintiff and accepted by the defendant, subject to the receipt of a deposit of $400.00 which plaintiff mailed in New York to defendants in Massachusetts. The balance of $850.00 was subsequently paid to the defendants in the State of New Jersey.
Plaintiff's attorney asserts that while in the State of New Jersey, the parties agreed that title to the dog would pass to the plaintiff when the dog had earned its championship points in accordance with the rules of the American Kennel Club. Plaintiff's attorney further asserts that the defendants entered the dog in at least one dog show in the State of New York at Madison Square Garden on February 12, 1964.
There is no affidavit submitted by the plaintiff, herself, and the statements contained in the opposing affidavit of plaintiff's attorney as to the plaintiff's state of mind and the time as to when title passes, or was to have passed, are merely conclusions. It is undisputed that no negotiations took place, nor any contract whatsoever executed within the State of New York. Plaintiff's attorney urges that jurisdiction was conferred by virtue of CPLR 302(a)(1). The mere fact that the dog was shown in one, or possibly more than one dog show in the State of New York does not constitute in itself such a transaction of business as to come within the purview of CPLR 302(a)(1). The transaction of business in New York upon which jurisdiction is...
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Launer v. Buena Vista Winery, Inc., CV-95-1980 (DGT).
...the in-state conduct must be purposeful. Galgay v. Bulletin Co., Inc., 504 F.2d 1062, 1064 (2d Cir.1974); Hunter v. Calvaresi, 45 Misc.2d 96, 256 N.Y.S.2d 356 (1964). "Whether a party has engaged in sufficient purposeful activity to confer jurisdiction in New York requires an examination of......
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Paciotti S.p.A. v. Dellamoda, Inc.
...goods into New York are too attenuated to support jurisdiction. Paciotti's argument resembles the one raised in Hunter v. Calvaresi, 45 Misc. 2d 96 (N.Y. Sup. Ct. 1964). There, the plaintiff brought a breach of contract claim relating to a show dog it purchased from the defendants. The cont......
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Mendelson v. Fleischmann
...as a place for the negotiating conference and meeting of January 30, 1969 was in no sense "purely fortuitous". Cf. Hunter v. Calvaresi, 45 Misc.2d 96, 256 N.Y.S.2d 356 (1964). It was the place where MacIntosh, the Brooks vice-president who had the authority to negotiate for the tenant, main......
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