Plaintiff and defendant sign a contract. Plaintiff then sues defendant in say, New York state, for breach of contract. Defendant (a corporation) claims it never did business in New York state, and that the New York court does not have jurisdiction. This is literally true because defendant did not perform its obligations under the contract. Had the defendant performed those obligations, it would have done business in New York. The contract does say that it will be governed by New York law, but does not specify that disputes must be litigated in New York.
The plaintiff is domiciled in New York and the contract was signed in New York. The defendant is a foreign company. Let's say that the contract is for delivery of imported goods at New York harbor.
Can such a plea hold up? Or is it a case of "unclean hands'?