Banco Ambrosiano v. Artoc Bank & Trust Ltd.
New York Court of Appeals
POINTS OF COUNSEL I. The United States Constitution precludes compelling a Bahamian bank from defending an action in New York, based on quasi-in-rem jurisdiction, where the only contact such bank has with New York is the maintenance of a correspondent account.
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POINTS OF COUNSEL I. The United States Constitution precludes compelling a Bahamian bank from defending an action in New York, based on quasi-in-rem jurisdiction, where the only contact such bank has with New York is the maintenance of a correspondent account. (Shaffer v Heitner, 433 US 186; Rush v Savchuk, 444 US 320; International Shoe Co. v Washington, 326 US 310; Hanson v Denckla, 357 US 235, 358 US 858; World-Wide Volkswagen Corp. v Woodson, 444 US 286; Amigo Foods Corp. v Marine Midland Bank, 39 NY2d 391, 61 AD2d 896, 46 NY2d 855; Nemetsky v Banque de Developpement de la Republique du…
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
Plaintiff commenced this action by the attachment of approximately $8 million, representing the balance of defendant’s account with its New York correspondent bank. Defendant’s appeal, taken pursuant to leave granted by the Appellate Division, focuses primarily on the question of whether this attempted assertion of quasi-in-rem jurisdiction over defendant’s property is consistent with due *69process. We agree with the lower courts that the contacts among defendant, the forum and the litigation are sufficient to render this limited exercise of jurisdiction…
2Cases cited20 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Silver v. Great American InsuranceNew York Court of Appeals · 1972
- Amigo Foods Corp. v. Marine Midland BankNew York Court of Appeals · 1976
- Bata v. BataNew York Court of Appeals · 1952
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3Cited by112 opinions
- Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
- Kreutter v. McFadden Oil Corp.New York Court of Appeals · 1988
- Licci Ex Rel. Licci v. Lebanese Canadian Bank, SALCourt of Appeals for the Second Circuit · 2012
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Licci v. Lebanese Canadian Bank, SALNew York Court of Appeals · 2012
107 more not listed; retrieve them via the Exa API.