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AROUH v. BUDGET LEASING
Appellate Division of the Supreme Court of New York, First Department.
Jun 11, 2009
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Defendant's negotiation of the potential purchase of an automobile via e-mail and telephone, which was initiated by plaintiff after viewing the car on defendant's web site, is insufficient to constitute the "transaction" of business within New York ( see Granat v Bochner, 268 AD2d 365), and, since the car was to be picked up in Texas, there was no contract to "supply goods or services in the state" (CPLR 302 [a] [1]). Defendant's web site, which described available cars and featured a link for e-mail contact but did not permit a customer to purchase a car, was not a projection of defendant into the state ( see Haber v Studium, Inc., 22 Misc 3d 1129[A], 2009 NY Slip Op 50368[U], *4-5 [2009]).
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