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The Reliable Automatic Sprinkler Co. Inc. v. Riverside Brass & Aluminum Foundry Ltd.

Court Must Accept Claim Ontario Firm Accepted 2016 Jurisdiction Terms in Breach Action

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MEMORANDUM OPINION AND ORDER This diversity action arises from a dispute regarding allegedly defective brass castings that The Reliable Automatic Sprinkler Co., Inc. (“Plaintiff”) purchased from Riverside Brass & Aluminum Foundry, Limited (“Defendant”). Plaintiff asserts three claims for relief: (1) breach of contract; (2) breach of the implied warranty of merchantability; and (3) breach of the implied warranty for fitness for a particular purpose. (Doc. 1, “Compl.”

76-98). This case was reassigned from Judge Cronan to me on February 23, 2021. Before me now is Defendant’s motion to dismiss the Complaint for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). The motion was fully briefed as of April 21, 2021. (Doc. 25; Doc. 25-1, “Def. Br.”;¹ Doc. 26, “Pl. Opp.”;² Doc. 28, “Def. Reply”). For the reasons set forth below, Defendant’s motion is DENIED. BACKGROUND The facts herein are taken from (1) the Complaint;³ (2) the Declaration of Steven Wolin; and (3) the Declaration of David Seyler, along with the exhibits annexed to each document. Plaintiff — headquartered in Elmsford, New York — is a manufacturer and supplier of a variety of fire protection products, including fire sprinklers. (Compl. 2). Defendant — located in New Hamburg, Ontario — is a manufacturer of brass and aluminum products. (Id. 3; Seyler Decl. 9). For years, Plaintiff has purchased component parts, including specialized brass castings, from Defendant, which Plaintiff incorporates into its fire sprinklers. (Compl.

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