National Machinery Exchange, Inc. v. Peninsular Equipment Corp.

OPINION OF THE COURT

Herman Cahn, J.

Defendant moves to dismiss plaintiff’s complaint for lack of jurisdiction.

In this almost classic “battle of the forms,” defendant, a Michigan corporation, orally agreed to purchase certain machinery from plaintiff for $100,000, and sent plaintiff a $10,000 deposit. Plaintiff then confirmed the sale by sending *459its invoice to defendant. One of the terms included on the invoice was that New York, where plaintiff is located, would have jurisdiction of any disputes arising under the agreement. Defendant claims that it took exception to the invoice and refused to…