The court found that his website amounted to nothing more than an advertisement, and even advertisements targeted at New York have been found inadequate for granting jurisdiction under the transaction of business standard. His emails were analogous to letters or phone calls into New York, which are again insufficient to establish personal jurisdiction. As for the tortious act branch of the long-arm statute, he was not physically within the state of New York when he created the website. Finally, the provision concerning tortious acts committed outside of the state was not applicable because Goldberger had not received any revenue from his website.