Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

JUSTUS v. TOYO KENSETSU KOHKI CO.

October 24, 2002

ROGER JUSTUS, PLAINTIFF,
V.
TOYO KENSETSU KOHKI CO., LTD. AND BANSHO CO., LTD., DEFENDANTS



The opinion of the court was delivered by: Frederick J. Scullin, Jr., Chief United States District Judge.

  MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

By complaint dated August 13, 1999, Plaintiff commenced this diversity action against Defendant Toyo Kensetsu Kohki Co., Ltd. ("Defendant Toyo") and Defendant Bansho Co., Ltd. ("Bansho")*fn1 alleging strict products liability, negligent design, and breach of warranty for injuries sustained while operating a "rebar" cutting machine.*fn2 Presently before the Court is Defendant Toyo's renewed motion for summary judgment asserting only lack of personal jurisdiction. The Court heard oral argument in support of, and in opposition to, Defendant's motion on September 27, 2002, and reserved decision at that time. The following constitutes the Court's determination of the pending motion.

II. BACKGROUND

In August 1996, Plaintiff Roger Justus was employed by Defendant Miron Building Products, Inc. ("Miron"), in Kingston, New York. On August 19, 1996, Plaintiff sustained "severe and serious" injuries to his right hand while operating a rebar cutting machine. Defendant Toyo, a Japanese corporation, manufactures the machine at issue in the instant case, the Toyo Reinforcing Bar Cutting Machine, Model No. C-32. Defendant Bansho, a Japanese corporation, purchased machines from Defendant Toyo for resale to Defendant Prestress Supply, Inc. ("Prestress"), a Florida corporation. Defendant Prestress, in turn, sold the machines to Defendant Miron, a New York corporation.

The sole issue before the Court is whether Defendant Toyo is amenable to personal jurisdiction pursuant to N.Y. C.P.L.R § 302(a)(3)(ii), the New York "long-arm" statute. Specifically, the narrow question before the Court on this motion is whether Defendant derived "substantial revenue from . . . international commerce." There are three sub-issues the Court must address to resolve this question: (1) whether the relevant period of time for assessing "substantial revenue" is limited to the year in which the complaint was filed; (2) whether Defendant's revenues from international commerce were "substantial" within the meaning of section 302(a)(3)(ii) during the relevant period of time; and (3) if the Court concludes that Defendant is amenable to personal jurisdiction under section 302(a)(3)(ii), whether the exercise of jurisdiction is consistent with due process.

III. DISCUSSION

A. Standard

A moving party is entitled to summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The ultimate inquiry is whether a reasonable jury could find for the non-moving party based on the evidence presented, the legitimate inferences drawn from that evidence in favor of the non-moving party, and the applicable burden of proof. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986).

B. Personal Jurisdiction

Plaintiff commenced this action in the Northern District of New York asserting diversity jurisdiction pursuant to 28 U.S.C. § 1332. In diversity cases, personal jurisdiction is determined in accordance with the law of the forum state, here the law of New York. See Bank Brussels Lambert v. Fiddler Gonzalez & Rodriguez, 171 F.3d 779, 784 (2d Cir. 1999). Plaintiff maintains that personal jurisdiction may be obtained over Defendant Toyo on the basis of section 302(a)(3)(ii) of the New York "long-arm" statute, which provides in relevant part:

Acts which are the basis of jurisdiction. As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent:
3. commits a tortious act without the state causing injury to person or property within the state, except as to a cause of action for defamation of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.