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A.I.L. v. SYMETRICS INDUS.

May 23, 1973

A.I.L., A DIVISION OF CUTLERHAMMER, INC., Plaintiff,
v.
SYMETRICS INDUSTRIES, INC., Defendant


Bruchhausen, District Judge.


The opinion of the court was delivered by: BRUCHHAUSEN

BRUCHHAUSEN, District Judge.

The defendant moves this Court, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, to dismiss the action for lack of jurisdiction over the person of the defendant.

 The plaintiff claims personal jurisdiction of the defendant, pursuant to Section 302 CPLR(a)(1), the so-called New York Long Arm Statute, which sanctions such jurisdiction in a case where a non-domiciliary "who in person or through an agent transacts any business within the state [of New York]."

 The plaintiff, a Delaware corporation, having its principal place of business at Melville, Long Island, New York, instituted this action against the defendant, a Florida corporation, having its principal place of business at Satellite Beach, Florida, to recover damages for breach of contract, which provided for the manufacture and delivery by the plaintiff to the defendant of electronic systems.

 On November 2, 1972, the summons and complaint were served upon the defendant in Florida.

 FACTS, NOT IN DISPUTE

 The defendant has no office, no telephone listing, no salesmen, no bank account, no transfer agent nor any employee in the State of New York.

 On or about April 16, 1969, the defendant, in Florida, mailed a request to the plaintiff, in New York, for a quotation on certain electronic systems.

 By letter, dated May 19, 1969, the plaintiff responded thereto.

 The defendant requested the plaintiff to send representatives to Florida to finalize negotiations for a contract.

 On August 1, 1969, two of the plaintiff's representatives attended at the defendant's place of business in Florida.

 On August 5, 1969, the defendant wrote the plaintiff, requesting it to proceed with work on the contract.

 On August 20, 1969, the contract, termed purchase order No. SC 3163-754, was signed by the defendant, in Florida, and ...


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