15 N.Y.2d 443 (1965)
A state’s long-arm statute, requiring that a tortious act be committed within the state for the assertion of personal jurisdiction over a non-domiciliary, is not satisfied by the mere occurrence of injury within the state resulting from an out-of-state tortious act.
Summary
The New York Court of Appeals addressed the scope of New York’s long-arm statute, CPLR 302, in three consolidated cases. Specifically, the court interpreted whether jurisdiction could be asserted over non-domiciliary corporations based on either transacting business within the state or committing a tortious act within the state. In Feathers v. McLucas, the court held that the statute requires the tortious act itself to occur within New York, not merely the resulting injury. The court rejected the argument that injury within the state, resulting from a negligent act elsewhere, was sufficient to establish jurisdiction under the statute. This decision clarified the limits of New York’s long-arm jurisdiction in cases involving out-of-state manufacturers.
Facts
Mr. and Mrs. Feathers sought damages for personal injuries and property damage caused by an explosion of a tractor-drawn steel tank carrying flammable gas on a New York highway near their home. The tank was manufactured in Kansas by The Darby Products of Steel Plate Corporation under contract with Butler Manufacturing Co. Darby allegedly knew that Butler would mount the tank on a wheelbase and sell it to E. Brooke Matlack, an interstate carrier operating in multiple states, including New York. The Feathers sued Darby, alleging negligence and breach of warranty in the tank’s manufacture.
Procedural History
Darby was served in Kansas. Darby moved to dismiss the complaint for lack of personal jurisdiction, asserting it had no business or presence in New York. Special Term granted the motion. The Appellate Division, Third Department, reversed, holding that the long-arm statute applied because the injury occurred in New York. The Appellate Division granted leave to appeal to the New York Court of Appeals.
Issue(s)
Whether, under CPLR 302(a)(2), a non-domiciliary commits a tortious act within New York when the act of negligence occurs outside the state, but the injury occurs within New York.
Holding
No, because CPLR 302(a)(2) requires that the tortious act itself, not merely the injury, occur within New York.
Court’s Reasoning
The court emphasized that the language of CPLR 302(a)(2) explicitly requires the defendant to commit a tortious act “within the state.” The court reasoned that the mere occurrence of injury in New York is insufficient to transform an out-of-state tortious act into one committed within the state. The court noted that the legislative history supported this interpretation, indicating that the statute was intended to confer jurisdiction only when the defendant’s act occurred within the state. The court rejected the argument that the place of wrong for conflict of laws purposes (where the last event necessary to liability occurs) dictates the place of the tortious act for jurisdictional purposes. The court distinguished Gray v. American Radiator & Sanitary Corp., where the Illinois Supreme Court interpreted similar language differently, finding that its interpretation was unconvincing and disregarded the plain language of the statute. The court stated, “The language of paragraph 2… is too plain and precise to permit it to be read, as has the Appellate Division, as if it were synonymous with ‘commits a tortious act without the state which causes injury within the state.’” Because Darby’s allegedly negligent manufacturing occurred in Kansas, and Darby did not transact business in New York, the court concluded that New York courts lacked personal jurisdiction over Darby. The court explicitly declined to address the constitutional question of whether minimum contacts were satisfied, as the statutory requirements were not met. The Court emphasized that expansion of the statute’s scope was a legislative, not judicial, matter.