Legal Opinion
Nemetsky v. Banque De Developpement De La Republique Du Niger
New York Court of Appeals
Decided December 19, 1979PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division dated November 3, 1978 appealed from and the order of the Appellate Division dated August 1, 1977 brought up for review should be affirmed, with costs.
The Appellate Division properly dismissed for lack of jurisdiction plaintiff’s action against defendant as guarantor of a foreign trade acceptance. Nothing in the record supports the bald assertion that defendant is doing business and thus present in New York. All that appears is a correspondent bank relationship between defendant and Credit Lyonnais and the trade acceptance…
2Cases cited3 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Amigo Foods Corp. v. Marine Midland BankNew York Court of Appeals · 1976
3Cited by20 opinions
- Licci Ex Rel. Licci v. Lebanese Canadian Bank, SALCourt of Appeals for the Second Circuit · 2012
- Landoil Resources Corp. v. Alexander & Alexander Services, Inc.New York Court of Appeals · 1990
- Banco Ambrosiano v. Artoc Bank & Trust Ltd.New York Court of Appeals · 1984
- Oriental Imports And Exports, Inc. v. Maduro & Curiel's BankCourt of Appeals for the Eleventh Circuit · 1983
- First Capital Asset Management, Inc. v. Brickellbush, Inc.District Court, S.D. New York · 2002
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