Pugmire v Sunterra Fin. Servs., Inc.

[*1] Pugmire v Sunterra Fin. Servs., Inc. 2009 NY Slip Op 50964(U) [23 Misc 3d 139(A)] Decided on May 19, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 19, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570238/08.

John Pugmire and Helen Pugmire, Plaintiffs-Appellants,

against

Sunterra Financial Services, Inc., Defendant-Respondent.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered November 30, 2007, which granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion for leave to file an amended complaint.

Per Curiam.

Order (Anil C. Singh, J.), entered November 30, 2007, affirmed, with $10 costs.

Civil Court properly dismissed the complaint based upon plaintiffs' failure to establish that the Nevada domiciled defendant transacted business within New York City (see CCA 404[a][1]). Defendant's internet activities and a single, isolated telephone call to plaintiffs in New York City, without more, were insufficient to confer personal jurisdiction (see Jones v Munroe, 2 Misc 3d 24 [2003], lv denied 2004 NY App Div LEXIS 11650 [1st Dept 2004]),
particularly in the absence of a substantial relationship between the internet activities and defendant's alleged breach of a contract negotiated and entered into by the parties in Arizona (see Armouth Intl., Inc. v Haband Co., 277 AD2d 189 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 19, 2009