The opinion of the court was delivered by: DAVID F. JORDAN
This is an action to recover $ 365,750.00 paid for defective conductor computer chips. It is governed by the New York Uniform Commercial Code and jurisdiction is based on diversity of citizenship.
1. At all times the plaintiff was, and still is, a corporation organized under the laws of the Republic of Ireland, having is principal place of business in that country.
2. At all times mentioned the defendant was, and still is, a corporation organized under the laws of the State of New York, having its principal place of business in Nassau County within the State of New York and the jurisdiction of the United States District Court for the Eastern District of New York.
3. The plaintiff seek to recover the sum of $ 365,750.00, exclusive of interest and costs.
4. The contract in question was made in Nassau County, New York.
5. The summons and complaint were mailed to the defendant, whose president actually received them, but failed to acknowledge receipt thereof. The defendant served but did not file an answer raising lack of in personam jurisdiction as a defense. Personal service was not made until after the statute of limitations had expired.
This Court has subject matter jurisdiction over an action brought by an alien corporation against a citizen of this State where the amount at issue exceeds $ 50,000.00 exclusive of interest and costs. 28 U.S.C. § 1332. Banco Nacional de Cuba v. Sabbatino, 307 F.2d 845 (2d Cir. 1962), r.o.g., 376 U.S. 398, 84 S. Ct. 923, 11 ...