## Facts

- Paradise Products Corp. (Paradise), a New York corporation, needed a 500-gallon copper kettle for its manufacturing business.
- Paradise telephoned Carmel Equipment Co. (Carmel), a New Jersey corporation, to locate a kettle.
- Carmel did not have a kettle but offered to find one and contacted Allmark Equipment Co., Inc. (Allmark), a New Jersey corporation that had a kettle in its New Jersey yard.
- After Carmel advised Paradise by telephone that a kettle had been located, two Paradise representatives traveled to New Jersey and met Carmel’s president.
- Paradise’s representatives and Carmel’s president went to Allmark’s New Jersey yard, where Paradise examined the kettle.
- Paradise agreed to purchase the kettle but, to avoid a $150 delivery charge, arranged to pick it up in New Jersey rather than have it delivered.
- After the kettle was brought to New York, Paradise found pinholes that allegedly made it unusable for Paradise’s intended use.
- Paradise sued Allmark and Carmel in Supreme Court, Queens County, asserting breach of contract and related claims.
- Carmel moved to dismiss for lack of personal jurisdiction; Allmark also moved to dismiss for lack of personal jurisdiction under CPLR 302(a)(1).
- The Supreme Court denied Carmel’s motion but, after a hearing, granted Allmark’s motion. Carmel appealed from the denial, and Paradise appealed from the dismissal of the claims against Allmark.

## Issues

1. Whether New York courts could exercise personal jurisdiction under CPLR 302(a)(1) over Allmark, a New Jersey seller, when the inspection, agreement, and pickup occurred in New Jersey and the buyer arranged pickup there to avoid a delivery fee, even if Allmark knew the kettle would be used in New York.
2. Whether New York courts could exercise personal jurisdiction under CPLR 302(a)(1) over Carmel, a New Jersey intermediary, based on telephone communications with a New York buyer and its role in arranging an out-of-state inspection and purchase.

## Decision

- The Appellate Division modified the order by granting Carmel’s motion to dismiss for lack of personal jurisdiction.
- The Appellate Division affirmed the dismissal of the complaint against Allmark for lack of personal jurisdiction.
- As modified, the order was affirmed, with one bill of costs to defendants.

## Legal Principles

- CPLR 302(a)(1) permits jurisdiction over a nondomiciliary only if the defendant (i) transacts business in New York or (ii) contracts anywhere to supply goods or services in New York, and the claim arises from that New York-directed conduct.
- Due process requires “minimum contacts” with New York such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.
- A seller’s awareness that goods may end up in New York is not enough, by itself, to show that the seller contracted to supply goods in New York or otherwise purposefully acted toward New York, where the deal was made and performed out of state and the buyer arranged pickup outside New York.
- Telephone contacts with a New York party, without other New York-directed conduct tied to the transaction, may be insufficient to constitute transacting business in New York under CPLR 302(a)(1).
- A plaintiff’s unilateral acts—such as bringing purchased goods into New York and experiencing injury there—do not create jurisdiction over an out-of-state defendant who did not purposefully create New York contacts.

## Conclusion

The Second Department held that New York lacked personal jurisdiction over both Allmark and Carmel under CPLR 302(a)(1) because the kettle transaction was centered in New Jersey: Paradise traveled there to inspect and agree to the purchase, and Paradise arranged pickup in New Jersey to avoid delivery, leaving neither defendant with purposeful New York conduct sufficient for long-arm jurisdiction or due process.


Paradise Products Corp. v. Allmark Equipment Co., 138 A.D.2d 470, 526 N.Y.S.2d 119 (1988)