DECISION AND ORDER I. Introduction This is a removed diversity action for alleged breach of contract of a purchase agreement and its change orders. Plaintiff, a New York limited liability corporation (“LLC”), sued Defendant, a Florida LLC, for nonpayment of hemp and hemp products ordered in that purchase agreement. Before this Court is Defendant’s Motion to Dismiss or to Transfer this action (Docket No. 5). First, Defendant seeks dismissal of the action for lack of personal jurisdiction (under Federal Rule of Civil Procedure 12(b)(2)) or for improper venue (under Rule 12(b)(3) or 28 U.S.C. §1406(a)) (id.). Alternatively, Defendant moves to transfer this case to the United States District Court for the Southern District of Florida, pursuant to 28 U.S.C. §1404 (id.). If this case remains in this Court, Defendant further argues the First, Third, and Fourth Causes of Action should be dismissed, under Federal Rule of Civil Procedure 12(b)(6). For reasons stated below, Defendant’s Motion to Dismiss (Docket No. 5) under Rule 12(b)(2) for lack of personal jurisdiction is granted in part (dismissing allegations based upon general personal jurisdiction under New York CPLR 301) and denied in part (because Plaintiff established specific jurisdiction over Defendant in New York under CPLR 302(a)(1)). Defendant’s Motion to Dismiss (id.) for improper venue under Rule 12(b)(3) is denied. Alternatively, Defendant’s Motion to Transfer (id.) under 28 U.S.C. §1404 to the Southern District of Florida is denied. Defendant’s alternative Motion to Dismiss (id.) the First, Third, and Fourth Causes of Action is granted to dismiss each of these Causes of Action. II. Background A. Procedural History After Plaintiff filed this action in New York State Supreme Court on March 19, 2021, Defendant removed the case to this Court (Docket No. 1, Notice of Removal). On May 4, 2021, Plaintiff filed its Complaint in this Court (Docket No. 4). 1. Complaint Plaintiff alleges it sells and resells products, here hemp and hemp products (Docket No. 4, Compl. 2; Docket No. 8, Decl. of John Bordynuik (president and chief executive officer of Plaintiff, “Bordynuik”) 6). Meanwhile, Defendant purchases and resells products (Docket No. 4, Compl. 4). On December 10, 2019, Defendant purchased gummies, “smokes,” hemp, and various packaging from Plaintiff (id.
7, 16, Ex. A). For jurisdictional and venue issues, Plaintiff alleges the negotiations leading to the order of hemp products. Plaintiff claims that on December 4, 2019, Defendant’s president, Vasilios Koutsogiannis (“Koutsogiannis”), met with Bordynuik in Niagara Falls, New York, expressing interest in purchasing hemp products from Plaintiff (id. 13). Plaintiff agreed to sell products to Defendant (id. 15). Defendant, however, disputes the importance of this meeting. Defendant claims that there was no negotiation of the deal there. (Docket No. 5, Koutsogiannis Decl. 11; Docket No. 9, Koutsogiannis Reply Decl.
