In McGowan v. Smith, 52 NY2d 268, the Court of Appeals never made a finding, holding, or even a suggestion that the long-arm statute or public policy mandates such a restrictive interpretation of the statute. The Court in McGowan merely noted that plaintiff never claimed to have sustained injury in New York. The McGowan panel observed that: "Under [CPLR 302 (3)] a nondomiciliary who 'commits a tortious act without the state causing injury ... within the state' may be brought before a New York court to answer for his conduct if he has had sufficient economic contact with the State or an active interest in interstate or international commerce coupled with a reasonable expectation that the tortious conduct in question could have consequences within the State. Although most of the criteria set forth in this statute have been satisfied here, it is obvious that the provision is inapplicable, since there has been no allegation that the tortious conduct in question caused injury in New York. Indeed the allegations in the pleadings clearly indicate that the situs of the injury was Ontario, Canada, where the accident involving the purportedly defective fondue pot occurred" (52 NY2d, supra at 273-274).