The Garden State Bar and Grill is a restaurant located about 20 miles across

the New York border in West Orange in the State of New Jersey. It is owned by
Doris Day, a resident of New Jersey. The restaurant is situated just off Interstate
Highway 280, which connects to Interstate 95 to New York City, located just across
the state line. All of Days employees are New Jersey residents, and she obtains all
of her food and beverages from New Jersey-based distributors. Days only
advertising for her restaurant consists of two billboards, one on each side of
Highway 280 at the exits nearest to the restaurant, which read: Hungry? Take a
Break and Drop In to the Garden State Bar and GrillThe Best Burgers and Beer
in the NYC Metro Area! In addition, Day maintains a website, at
www.gardenstatebarandgrill.com, which repeats the slogan from the billboards and
provides information about the restaurants location (via a Google map) and hours.
Tom Terry, who resides in New York City, drove to West Orange one
Saturday afternoon for a business meeting. After his meeting ended, Terry began
the drive back to his Manhattan home. Shortly thereafter, Days billboard caught
Terrys eye and he stopped into the restaurant. While there, Terry consumed seven
beers in rapid succession during the second half of the college-football game that
was playing on the restaurants television. At the conclusion of the game, Terry got
back into his car to drive back to New York. After crossing the New York border,
Terry swerved into oncoming traffic and struck a car driven by Patty Paulson, a
resident of New York. The accident caused Paulson severe injuries, resulting in her
spending several months recuperating in a New York hospital.
Once Paulson emerged from the hospital, she brought an action against Terry
and Day in New York Supreme Court, the trial court of general subject-matter
jurisdiction for New York State. In her case, Paulson claimed damages for her
injuries against Terry for negligence, and against Day under New Yorks dram
shop statute (which provides that a bar owner may be held responsible for injuries
that result from customers excessive drinking at the barNew Jersey has an
identical statute). Paulson served Terry with process in person in New York, and
she served Day with process in person in New Jersey. (You may assume that
service of process was consistent with the requirements of New York statutes.)
Terry consented to personal jurisdiction, but Day moved to dismiss the action
for lack of personal jurisdiction under New Yorks long-arm statute (which may be
found in your casebook at p. 242) and the 14th Amendment to the U.S. Constitution.
How should the court decide Days motion?