In an October 12, 2010 decision by Justice Pines the Court denied a motion to dismiss for lack of personal jurisdiction or in the alternative to dismiss for forum non conveniens. The dispute arose after an employee of a New York corporation, who worked in Texas, allegedly breached his employment contract and solicited his former employer’s customers. When the employer sued the former employee moved to dismiss.
The Court denied the motion to dismiss because the employer demonstrated sufficient contacts with New York that New York would have personal jurisdiction over the defendant. In coming to this conclusion the Court noted that the defendant contracted with a New York company, traveled to New York for at least one company meeting, had regular, if not daily contract with the New York office, sold products which were shipped from New York and was paid salary and bonuses from the New York office. The Court also denied the motion based on forum non conveniens because the defendant failed to adequately demonstrate that New York would be an inconvenient forum for the dispute.