In a December 22, 2008 decision, Justice Bucaria granted defendant’s motion to dismiss on numerous grounds.
The first basis for defendant’s motion was plaintiff’s status as a foreign corporation not licensed to do business in New York. The Court found that the defendant demonstrated that the plaintiff’s business activities in New York were not “casual or occasional.” The plaintiff had not refuted such evidence, and could not insulate itself behind a self description of being an out of state distributor who only occasionally involves itself in New York business.
The Court further granted dismissal based upon documentary evidence, namely a termination letter which disposed of plaintiff’s claim of termination of a contract without proper notice.
Last, the Court commented that the prior action commenced by the defendant was the appropriate venue for plaintiff’s equitable claims because the parties claims both arose out of the same contract.