· 3/15/1993
A.I. Trade Finance, Inc. v. Petra Bank
Citations
- 989 F.2d 76
- 1993 U.S. App. LEXIS 4967
- 1993 WL 69735
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that questions of fact or “doubts are to be resolved in the plaintiff’s favor, notwithstanding a controverting presentation by the moving party”
- holding that a guaranty payable in New York “is a contract to provide a service in New York” under C.P.L.R. § 302
- holding that contract to provide a financial guaranty payable in New York is a contract to perform services in the state within the meaning of CPLR 302(a)(1) (citing Armada Supply, 858 F.2d at 849)
- holding a financial guaranty to be a contract to supply a service in New York
- stating that to survive a motion to dismiss for lack of personal jurisdiction, the plaintiff must show that the defendant is amenable to personal jurisdiction the venue
- stating that payment in New York was not “an incidental or fortuitous aspect of the transaction” where making the guarantee payable in New York was critical to the success of the transaction
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Miner, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.