United States Second Circuit

The Second Circuit certifies to the New York Court of Appeals the following two questions: 1) Does a foreign bank's maintenance of a correspondent bank account at a financial institution in New York, and use of that account to effect "dozens" of wire transfers on behalf of a foreign client, constitute a "transaction" of business in New York within the meaning of N.Y. C.P.L.R. section 302(a)(1)?; and 2) If so, do the plaintiffs' claims under the Anti-Terrorism Act and the Alien Tort Statute, or for negligence or breach of statutory duty in violation of Israeli law, "arise from" the foreign bank's transaction of business in New York within the meaning of section 302(a)(1)?

Appellate Information

• Decided 03/05/2012
• Published 03/05/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Tolchin, Jonathan D. Siegfried