Jordan v. Aarismaa

Appeal from an order of the Supreme Court (Mugglin, J.), entered October 24, 1996 in Otsego County, which, inter alia, denied defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction.

Plaintiff and defendant entered into a written agreement in December 1992 whereby defendant agreed to create and sell original works of fine art to plaintiff. The agreement provided that defendant would produce, prior to June 30, 1993, a sufficient number of such works of art from which plaintiff would select six to purchase. The purchase price for these six works was to total $16,000…