Perlmutter v. Standard Roofing & Tinsmith Supply Co.

Defendant Standard, a foreign corporation, moves to dismiss the complaint in this action upon the grounds of lack of jurisdiction of the person of the defendant (CPLR 3211, subd. [a], par. 8).

The moving papers indicate the action is for breach of contract or breach of warranty. It appears the cause of action arose as a result of plaintiffs ordering trafile tile and related materials in May and June, 1959, with a concern known as Selling for Manufacturers, Inc., a New Jersey corporation. The orders were by telephone to Selling who thereafter placed the orders with Standard, the wholesale…