585 F.2d 30 - Fordyce v. Round Hill Developments, Ltd. — 585 F.2d 30

How this case has been cited

Cited by 8 later decisions — most recently October 1990

5 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1James E. Beasley, Philadelphia, Pa., and Lester H. Chase, Glen Cove, N. Y., for plaintiff-appellant.

¶2Mary Ann D’Amato, New York City (Mendes & Mount, New York City, of counsel), for defendants-appellees.

¶3Before MOORE and VAN GRAAFEILAND, Circuit Judges, and KNAPP, District Judge.*

¶5PER CURIAM:

¶6In this diversity personal injury case we must decide whether the defendant, a hotel situated in Jamaica, has subjected itself to the jurisdiction of the New York courts.

¶7Plaintiff’s only substantial claim in this regard is that defendant’s contract with Raymond & Whitcomb Co., an independent travel agent, is a sufficient contact to confer jurisdiction. Examination of the pertinent documents disclose that Raymond and Whitcomb is in no real sense defendant’s agent but rather an independent contractor, engaged — at its own risk and expense — in leasing hotel rooms from defendant in order to complete its own annual Thanksgiving tour to Jamaica.

¶8Our decision in Gelfand. v. Tanner Motor Courts, Ltd. (2d Cir. 1967) 385 F.2d 116 is inapposite. There the New York based travel organization was truly an agent for' its out of state principal, binding it to honor individual reservations, and retaining only a commission out of the monies collected on its behalf.

¶9We therefore affirm the District Court’s dismissal of the complaint for substantially the reasons set forth in Judge Haight’s opinion below.