104 F.3d 352 (Table), 1996 WL 629749 (2nd Cir.(N.Y.))

Unpublished Disposition

United States Court of Appeals, Second Circuit.

CANADIAN IMPERIAL BANK OF COMMERCE, Plaintiff-Appellee,

v.

SAXONY CARPET COMPANY, INC., Defendant-Appellant.

No. 95-9139.

Oct. 31, 1996.

NOTICE:  THIS IS AN UNPUBLISHED OPINION. (The Court’s decision is referenced in a “Table of Decisions Without Reported Opinions” appearing in the Federal Reporter. Use FI CTA2 s 0.23 for rules regarding the citation of unpublished opinions.)

PRIOR HISTORY:  Appeal from the United States District Court for the Southern District of New York (Deborah A. Batts, Judge ), 899 F.Supp. 1248 (S.D. N.Y. Oct. 13, 1995).

COUNSEL:  APPEARING FOR APPELLANT: Edward R. Dorney, Abraham & Silver, New York, New York.

APPEARING FOR APPELLEE: Richard C. Raymond, McMillan, Constabile, Maker, Murphy & Raymond, LLP, Larchmont, New York.

JUDGES:  Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.

[**1]  This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued by counsel.

ON CONSIDERATION WHEREOF, IT IS ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.

Defendant-appellant Saxony Carpet Company, Inc. ("Saxony") appeals from a judgment entered December 13, 1995 in the United States District Court for the Southern District of New York that granted summary judgment to plaintiff-appellee Canadian Imperial Bank of Commerce (the "Bank") and enforced a default judgment that the Bank had secured from the Superior Court of the District of Montreal, Province of Quebec, Canada (the "Montreal Court"). On appeal, Saxony contends that the Montreal Court improperly exercised personal jurisdiction over it. We affirm substantially for the reasons stated in the opinion of the district court. See Canadian Imperial Bank of Commerce v. Saxony Carpet Company, Inc., No. 94 Civ. 0283(DAB), slip op. (S.D.N.Y. Oct. 13, 1995).

Appellate Briefs

•  Appellant’s Brief (June 11, 1996)

•  Brief of Plaintiff-Appellee Canadian Imperial Bank of Commerce (July 12, 1996)

•  Appellant’s Reply Brief (July 25, 1996)