The scope of New York’s long arm jurisdiction may be broader than you anticipate. In State of New York v. Vayu, 2023 N.Y. Slip Op. 801, 2023 WL 1973001 (February 14, 2023), the New York Court of Appeals, in a 5-1 decision, overturned Supreme Court’s and the Third Department’s decisions to dismiss a contractual dispute based on lack of personal jurisdiction over an out-of-state entity that had contracted to provide unmanned aerial vehicles (“UAVs”) to SUNY Stony Brook for use in Madagascar. The Court of Appeals found that Defendant Vayu’s numerous telephone calls and emails to SUNY Stony Brook over the course of two years, and one face-to-face meeting between the two in New York, were sufficient to demonstrate a clear intent by Vayu, a Delaware corporation headquartered in Michigan, to engage purposefully in business activities in New York within the meaning of CPLR § 302(a)(1). While this case did not originate in the Commercial Division, all New York state court practitioners need to take account of the expansion of specific jurisdiction announced in Vayu.
Kunchok Dolma is an associate in the Business Trial Practice Group in the firm's New York office.