· 1/21/1983
Bank of Utica v. Canners Exchange Subscribers at Warner Inter-Insurance Bureau
Citations
- 119 Misc. 2d 939
- 464 N.Y.S.2d 625
- 1983 N.Y. Misc. LEXIS 3621
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that adequate allegations of intentional tortious conduct meet the intentional action element
- describing the test as whether the forum state is the “focal point” of a defendant’s conduct
- applying the Ca/der...effects teSt where the plaintiff asserted a tort claim
- under the effects test, “the forum state must be the ‘focal point’ of the defendant’s tortious conduct” (emphasis omitted)
- “[The plaintiffs] bear the burden of proof on the jurisdictional question, and they have elected to rely on the tort-based effects test on appeal.” (internal citation omitted)
- “Not uncommonly, our decisions have ended the Calder effects analysis after holding that the plaintiffs have failed to meet the second, express aiming, element of the test.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tenney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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