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

Nassau County District Court

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

46 Misc. 2d 266, 261 N.Y.S.2d 312, 1965 N.Y. Misc. LEXIS 1930

CourtNassau County District Court

DecidedMay 10, 1965

StatusPublished

Cited by1 cases

This text of 46 Misc. 2d 266 (Woodhaven Motor Sales, Inc. v. F & E Granite Memorials, Inc.) is published on Counsel Stack Legal Research, covering Nassau County District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woodhaven Motor Sales, Inc. v. F & E Granite Memorials, Inc., 46 Misc. 2d 266, 261 N.Y.S.2d 312, 1965 N.Y. Misc. LEXIS 1930 (N.Y. Super. Ct. 1965).

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Opinion

John S. Lockman, J.

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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John S. Lockman, J.

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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Bluebook (online)

46 Misc. 2d 266, 261 N.Y.S.2d 312, 1965 N.Y. Misc. LEXIS 1930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodhaven-motor-sales-inc-v-f-e-granite-memorials-inc-nydistctnassau-1965.

Opinion

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