Empire Beef Co. v. Meyners-Robinson Co.

—Order unanimously reversed on the law without costs, cross motion denied, complaint reinstated, motion granted in part and first and second affirmative defenses dismissed. Memorandum: Supreme Court erred in granting the cross motion of defendant for sum

In Katz & Son Billiard Prods. v Correale & Sons ( 26 AD2d 52 , 53, affd 20 NY2d 903 ), it was held that a New Jersey defendant did not transact business in New York within the meaning of the long-arm statute by accepting delivery of goods shipped to New Jersey “F.O.B. [plaintiff’s] factory in New York City” (see also, Dulman v Potomac Baking Co., 85 AD2d 676 , 677). In Katz, however, defendant never entered New York, and delivery was by a common carrier. In this case, the meat was loaded onto defendant’s trucks in Rochester for immediate delivery outside the State.

CPLR 302 (a) (1) “is a ‘single act statute’ and proof of one transaction in New York is sufficient to invoke jurisdiction * * * so long as the defendant’s activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted” (Kreutter v McFadden Oil Corp., 71 NY2d 460 , 467). By sending its trucks to Rochester and taking delivery of the meat there, defendant transacted business in New York within the meaning of the statute (see, Kaddis Mfg. Corp. v Gil-Bar Rubber Prods. Co., 103 AD2d 1010 ). (Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.