2/27/07 – Richmond County Civil Court Judge Philip S. Straniere held in Sayeedi v. Walser, 10610/06, that a single sale on eBay was insufficient to establish personal jurisdiction over the seller under the state’s long-arm statute. Plaintiff/buyer Sayeedi sued defendant/seller Walser for an engine which was described as new that he purchased for $1,444. After delivery to Sayeedi in New York, the engine was determined to have a broken connecting rod and damaged camshaft, requiring $1,150 for repairs.
The court held that the single auction failed to satisfy the minimum contacts standard used to confer New York jurisdiction on the defendant. The court reasoned that the seller’s auction listing did not purposefully invoke the benefits and protections of New York law, since the ultimate shipping destination is completely controlled by the potential buyers. In finding that the ultimate destination was not within the realm of contemplation by the seller, the court held that asserting jurisdiction in such a case would contravene notions of fair play and substantial justice.
Source:
http://www.law.com/jsp/article.jsp?id=1173175402839
Case:
http://www.nylawyer.com/adgifs/decisions/030607straniere.pdf
