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Arouh v. Budget Leasing

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 11, 2009

MICHAEL AROUH, PLAINTIFF-APPELLANT,
v.
BUDGET LEASING, INC., ALSO KNOWN AS ROGER BEASLEY PORSCHE, DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 2, 2008, which granted defendant's motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Nardelli, Catterson, Renwick, Richter, JJ.

112956/07

Defendant's negotiation of the potential purchase of an automobile via email and telephone, which was initiated by plaintiff after viewing the car on defendant's website, is insufficient to constitute the "transaction" of business within New York (see Granat v Bochner, 268 AD2d 365 [2000]), and, since the car was to be picked up in Texas, there was no contract to "supply goods or services in the state" (CPLR 302[a][1]). Defendant's website, which described available cars and featured a link for email contact but did not permit a customer to purchase a car, was not a projection of defendant into the State (see Haber v Studium, Inc., 22 Misc 3d 1129(A), 2009 NY Slip Op 50368(U), *4-5 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090611

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