Nemetsky v. Banque De Developpement De La Republique Du Niger, 401 N.E.2d 388 (NY 1979). · Go Syfert
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Nemetsky v. Banque De Developpement De La Republique Du Niger, 401 N.E.2d 388 (NY 1979). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …all that appears is a correspondent bank relationship between defendant and credit lyonnais and the trade acceptance connected to that relationship. these factors standing alone are insufficient to support an exercise of in personam jurisdiction.... ✓
46 citation events (12 in the last 25 years) across 8 distinct courts.
Strongest positive: Licci v. Lebanese Canadian Bank, SAL, et ano. (ca2, 2012-03-05)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (quoted) Licci v. Lebanese Canadian Bank, SAL, et ano.
2d Cir. · 2012 · quote attribution · 1 verbatim quote · confidence low
all that appears is a correspondent bank 9 relationship between defendant and credit lyonnais and the 10 trade acceptance connected to that relationship. these factors 11 standing alone are insufficient to support an exercise of in 12 personam jurisdiction . . . .
examined Cited as authority (quoted) Licci Ex Rel. Licci v. Lebanese Canadian Bank, SAL (2×)
2d Cir. · 2012 · quote attribution · 2 verbatim quotes · confidence low
all that appears is a correspondent bank relationship between defendant and credit lyonnais and the trade acceptance connected to that relationship. these factors standing alone are insufficient to support an exercise of in personam jurisdiction....
discussed Cited as authority (rule) Rasheed Al Rushaid v. Pictet & Cie (2×)
NY · 2016 · confidence medium
Our decision in Lied thus confirmed the rule, based in prior case law, that something more than the mere receipt of funds in a New York correspondent account is required in order to assert personal jurisdiction over a foreign bank (see Faravelli v Bankers Trust Co., 59 NY2d 615, 618 [1983], affg for reasons stated 85 AD2d 335, 339 [1st Dept 1982] [foreign bank not subject to personal jurisdiction under the long-arm statute where it directed a New York bank to remit payment from a purchase contract to the foreign bank’s New York correspondent account]; Nemestky v Banque De Developpement De La…
discussed Cited as authority (rule) Alexander & Alexander Services, Inc. v. Lloyd's Syndicate 317
2d Cir. · 1990 · confidence medium
Syndicate 317 further contends that the maintenance of a bank account in New York is insufficient grounds to assert in personam jurisdiction over a foreign corporation under New York law, citing Nemetsky v. Banque de Developpement de la Republique du Niger, 48 N.Y.2d 962, 964 [ 425 N.Y.S.2d 277 , 401 N.E.2d 388 ] (1979) (mem.) (correspondent bank relationship).
discussed Cited as authority (rule) Alexander & Alexander Services, Inc. v. Lloyd's Syndicate 317
2d Cir. · 1990 · confidence medium
Syndicate 317 further contends that the maintenance of a bank account in New York is insufficient grounds to assert in personam jurisdiction over a foreign corporation under New York law, citing Nemetsky v. Banque de Developpement de la Republique du Niger, 48 N.Y.2d 962, 964 [ 425 N.Y.S.2d 277 , 401 N.E.2d 388 ] (1979) (mem.) (correspondent bank relationship). 23 Alexander argues, also citing Frummer, that Syndicate 317 is doing business pursuant to CPLR Sec. 301.
examined Cited "see" APC Commodity Corp. v. Ram Dis Ticaret A.S. (3×)
S.D.N.Y. · 1997 · signal: see · confidence high
See Nemetsky v. Banque de Developpement de la Republique du Niger, 64 A.D.2d 694, 695 , 407 N.Y.S.2d 556, 557-58 (2d Dep’t 1978), aff'd, 48 N.Y.2d 962 , 425 N.Y.S.2d 277 , 401 N.E.2d 388 (1979).
discussed Cited "see, e.g." Brown v. Ryvkin
N.Y. App. Div. · 2010 · signal: see also · confidence low
Further, where, as here, the plaintiff fails to timely move to confirm, a motion to vacate the ex parte order must be granted (see CPLR 1317 [2]; Morgenthau v Avion Resources, Ltd., 49 AD3d at 53 ; see also Nemetsky v Banque de Developpement de la Republique du Niger, 64 AD2d 694, 695 [1978], affd 48 NY2d 962 [1979]; Thadford Realty Co. v L.V.
discussed Cited "see, e.g." Jerkens Trucking & Equipment, Inc. v. Memmoli
N.Y. App. Div. · 1994 · signal: see also · confidence low
Specifically, the record indicates that the default judgment was entered on September 9, 1991, without the filing of the required "proof of service” of process upon Theodore Memmoli, Sr. (see, CPLR 3215 [f]; 5017; see also, Nemetsky v Banque De Developpement De La Republique Du Niger, 59 AD2d 527 , affd 48 NY2d 962 ; Grant Co. v Payne, 64 Misc 2d 797 ).
examined Cited "see, e.g." Singer v. Bell (3×)
S.D.N.Y. · 1984 · signal: see, e.g. · confidence low
See, e.g., Nemetsky v. Banque de Development, 64 A.D.2d 694 , 407 N.Y.S.2d 556 (2d Dep't 1978), aff’d, 48 N.Y.2d 962 , 425 N.Y.S.2d 277 , 401 N.E.2d 388 (1979) (refusing to allow discovery where plaintiffs only evidence of agency was an assertion that the foreign defendant and its alleged agent had a close relationship and “special kinship”).
Retrieving the full opinion text from the archive…
Aaron Nemetsky
v.
Banque De Developpement De La Republique Du Niger
New York Court of Appeals.
Dec 19, 1979.
401 N.E.2d 388
APPEARANCES OF COUNSEL, Rueben Blum for appellant., Michael F. Maschio and Peter R. Porcino for respondent.
Cited by 22 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Second Circuit (4)

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 connected to that relationship. These factors standing alone are insufficient to support an exercise of in personam jurisdiction (see Amigo Foods Corp. v Marine Midland Bank-N. Y., 39 NY2d 391).

Finally, the attachment of defendant’s New York funds, effected after service of the summons, cannot form the predicate for quasi in rem jurisdiction (CPLR 314, subd 3; see Siegel, New York Practice, p 125; Pennoyer v Neff, 95 US 714). We therefore do not consider the rights of the parties had the attachment preceded service of the summons (cf. Shaffer v Heitner, 433 US 186).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order of the Appellate Division dated November 3, 1978 appealed from and order of the Appellate Division dated August 1, 1977 brought up for review affirmed, with costs, in a memorandum.