Practice point: Defendant's negotiating the potential purchase of an automobile by email and telephone, which was initiated by plaintiff after seeing the car on defendant's website, does not constitute transacting business in New York.
Practitioners should note that, since the car was to be picked up in Texas, there was no contract to supply goods or services in New York. Defendant's website, which described available cars and featured an email link but did not let a customer purchase a car, was not a projection of defendant into New York.
Case: Arouh v. Budget Leasing, Inc., NY Slip Op 04751 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Labor Law.
There is another instructive case here.
