Paradise Products Corp. v. Allmark Equipment Co.
New York Supreme Court, Appellate Division
138 A.D.2d 470, 526 N.Y.S.2d 119 (1988)
- Written by Steven Pacht, JD
Facts
Paradise Products Corporation (Paradise) (plaintiff) was a New York corporation. Paradise bought a large copper kettle from Allmark Equipment Company, Inc. (Allmark) (defendant), which was a New Jersey corporation, after Paradise’s representatives traveled to New Jersey to examine the kettle. Paradise and Allmark were introduced to each other by Carmel Equipment Company, another New Jersey corporation. Paradise picked the kettle up in New Jersey in order to avoid paying a delivery fee. Paradise later discovered that the kettle was useless for Paradise’s intended use because it had pinholes. Paradise sued Allmark in New York state court, but Allmark argued that it was not subject to personal jurisdiction in New York. Paradise responded that jurisdiction was proper under New York’s long-arm statute, Civil Practice Law and Rules (CPLR) § 302(a)(1), because Allmark knew that the kettle was meant to be used in New York. The supreme court denied Allmark’s motion to dismiss. Allmark appealed.
Rule of Law
Issue
Holding and Reasoning ()
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