925 F.2d 44 (2nd Cir. 1991), 1093, Alexander & Alexander Services, Inc. v. Lloyd's Syndicate 317

Docket Nº:1093, Docket 89-9231.
Citation:925 F.2d 44
Party Name:ALEXANDER & ALEXANDER SERVICES, INC., Alexander & Alexander, Inc., and Alexander & Alexander of New York, Inc., Third-Party Plaintiffs-Appellees, v. LLOYD'S SYNDICATE 317, Third-Party Defendant-Appellant.
Case Date:January 22, 1991
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 44

925 F.2d 44 (2nd Cir. 1991)

ALEXANDER & ALEXANDER SERVICES, INC., Alexander & Alexander,

Inc., and Alexander & Alexander of New York, Inc.,

Third-Party Plaintiffs-Appellees,

v.

LLOYD'S SYNDICATE 317, Third-Party Defendant-Appellant.

No. 1093, Docket 89-9231.

Second Circuit.

United States Court of Appeals, Second Circuit

January 22, 1991

Argued April 6, 1990.

Certified to New York Court of Appeals, April 18, 1990. Submitted After Answer to Certified Question Dec. 21, 1990.

John M. Woods, New York City (Thacher Proffitt & Wood, Joseph G. Grasso, of counsel), for third-party defendant-appellant Lloyd's Syndicate 317.

Jonathan C. Thau, New York City (Wilson, Elser, Moskowitz, Edelman & Dicker, Thomas W. Hyland, Thomas A. Leghorn, Michael Schwartzberg, of counsel), for third-party plaintiffs-appellees Alexander & Alexander Services, Inc., Alexander & Alexander, Inc., and Alexander & Alexander of New York, Inc.

Before KAUFMAN, FEINBERG and WALKER, Circuit Judges.

Page 45

PER CURIAM:

Third-party defendant Lloyd's Syndicate 317 (Syndicate 317) appeals from an amended Memorandum and Order dated October 11, 1989 of the United States District Court for the Southern District of New York, Whitman Knapp, J., denying Syndicate 317's motion to dismiss the third-party complaint against it for lack of personal jurisdiction, and holding that Syndicate 317 was "doing business" in New York within the meaning of New York Civil Practice Law and Rules (CPLR) Sec. 301. Landoil Resources Corp. v. Alexander & Alexander Services, Inc., 720 F.Supp. 26 (S.D.N.Y.1989). The district court certified the issue of jurisdiction for immediate appeal to this court pursuant to 28 U.S.C. Sec. 1292(b), and a panel of this court granted leave to appeal. After hearing argument, in April 1990 we certified the jurisdictional question to the New York Court of Appeals pursuant to New York Rules of Court Sec. 500.17. Alexander & Alexander Services, Inc. v. Lloyd's Syndicate 317, 902 F.2d 165 (2d Cir.1990). That court accepted the certified question and allowed the parties to brief and argue the issue presented. Landoil Resources v. Alexander, 76 N.Y.2d 760, 559 N.Y.S.2d 237, 558 N.E.2d 39 (1990). In November 1990, the New York Court of Appeals answered the certified question in the negative, finding that Syndicate 317 was not "doing business" in New York for purposes of personal jurisdiction under CPLR Sec. 301. Landoil Resources v. Alexander, 77 N.Y.2d 28, 563 N.Y.S.2d 739, 565 N.E.2d 488 (1990). The parties thereafter submitted letter briefs to us, which...

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