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Woodhaven Motor Sales, Inc. v. F & E Granite Memorials, Inc.

46 Misc. 2d 266 Court District Court of Nassau County, First District, Decision date 1965-05-10 English

Delivered by John S. Lockman, J.

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p. 266
Woodhaven Motor Sales, Inc., Plaintiff, v. F & E Granite Memorials, Inc., Defendant.
District Court of Nassau County, First District,
May 10, 1965.
Halpern, Halpern $ Axelrod (Maitland M. Axelrod of counsel), for plaintiff. Corso Teitel {Patricia 8. Teitel of counsel), for defendant.

The legislative intent in enacting the so-called long-arm statutes (CPLB 302, 313; CCA, § 404; UDCA, § 404) was to confer jurisdiction whenever business was transacted.

While I was surprised to see that the courts have limited the clear intention of the Legislature, I am bound by that limitation. The leading case was decided in this court by a learned Judge. (Home Crafts v. Gramercy Homes, 41 Misc 2d 591 [1964].) There was a telephone call and, as a result of that single communication, merchandise was sent to another county.

This case is distinguished. Here there was a rental extending over a considerable period of time, at least a year; the rented vehicle forming the subject matter was returned to Nassau County for repairs; there was more than a single communication ; there were correspondence and telephone communications. The intention of the Legislature would be frustrated if jurisdiction were not found. Motion to dismiss denied.

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