January 4, 2024

Personal jurisdiction.

The motion to dismiss the complaint as against this defendant is granted for lack of personal jurisdiction pursuant to CPLR 302(a)(2) because there is no evidence that the fire doors that allegedly caused decedent-plaintiff's injury were manufactured in New York. To the contrary, the testimony revealed that defendant, a company incorporated in California, never manufactured any products outside of California. Thus, defendant did not commit a tortious act within the State so as to confer jurisdiction. In addition, there is insufficient evidence of defendant's requisite minimal contacts with New York so as to comport with due process in the exercise of personal jurisdiction over it.

Redell-Witte v. Algoma Hardwoods, Inc., NY Slip Op 06826 (1st Dep't December 28, 2023)

Here is the decision.