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N.Y. Cent. Mut. Fire Ins. Co. v. Icon Health & Fitness Inc.

Treadmill's 2002 Sale by Sears Shows Maker Did Business in N.Y. for Jurisdiction Purposes

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DECISION AND ORDER INTRODUCTION   Plaintiff New York Central Mutual Fire Insurance Company (“Plaintiff”) commenced this action on January 11, 2019, bringing various New York state law claims against defendant Icon Health & Fitness, Inc. (“Defendant”) pursuant to the Court’s diversity jurisdiction under 28 U.S.C. §1332. (Dkt. 1). Presently before the Court is a motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). (Dkt. 21). For the following reasons, the Court denies the motion to dismiss. BACKGROUND The following facts are taken from the allegations in the Amended Complaint, the operative pleading in this matter. (Dkt. 10). As is required on motions such as these, the Court treats Plaintiff’s allegations as true. Jeffrey and Chelsea Jay (the “Subrogors”) owned real property located at 9119 Bonta Bridge Road, Jordan, New York 13080 (the “Premises”). (Id. at 2). Plaintiff issued an insurance policy to Subrogors that covered the Premises for certain types of damage and loss, including property damage. (Id. at 4). In approximately 2004, the Subrogors purchased one of Defendant’s treadmills from a friend, Carol Miles. (Id. at 7). Ms. Miles purchased the treadmill brand new in approximately 2002 from a Sears, Roebuck and Company (“Sears”) department store located in or around Liverpool, New York. (Id.). The treadmill was located in the basement of the Premises, and it was last used on July 28, 2017. (Id. at

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