Opinion
July 13, 1984
Appeal from the Supreme Court, Monroe County, Patlow, J.
Present — Dillon, P.J., Doerr, Boomer, Green and O'Donnell, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term properly denied defendant's motion to dismiss the complaint for lack of personal jurisdiction. The contract, according to its terms, was executed in New York. Defendant performed purposeful acts in New York by taking delivery of the goods in Rochester through its carrier and thereafter by returning a portion of the goods to Rochester for repair (see CPLR 302, subd [a], par 1; Reiner Co. v. Schwartz, 41 N.Y.2d 648, 654; Longines-Wittnauer Watch Co. v. Barnes Reinecke, 15 N.Y.2d 443, 457; Dulman v Potomac Baking Co., 85 A.D.2d 676, 677; cf. Katz Son Billiard Prods. v. Correale Sons, 26 A.D.2d 52, affd 20 N.Y.2d 903).