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Fordyce v. Round Hill Developments, Ltd.

United States Court of Appeals, Second Circuit
Oct 13, 1978
585 F.2d 30 (2d Cir. 1978)

Opinion

No. 25, Docket 78-7166.

Argued September 22, 1978.

Decided October 13, 1978.

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

Mary Ann D'Amato, New York City (Mendes Mount, New York City, of counsel), for defendants-appellees.

Appeal from the United States District Court for the Southern District of New York.

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

Of the United States District Court for the Southern District of New York, sitting by designation.


In 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.

Plaintiff's only substantial claim in this regard is that defendant's contract with Raymond Whitcomb Co., an independent travel agent, is a sufficient contract 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.

Our 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.

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


Summaries of

Fordyce v. Round Hill Developments, Ltd.

United States Court of Appeals, Second Circuit
Oct 13, 1978
585 F.2d 30 (2d Cir. 1978)
Case details for

Fordyce v. Round Hill Developments, Ltd.

Case Details

Full title:DOROTHY M. FORDYCE, PLAINTIFF-APPELLANT, v. ROUND HILL DEVELOPMENTS, LTD.…

Court:United States Court of Appeals, Second Circuit

Date published: Oct 13, 1978

Citations

585 F.2d 30 (2d Cir. 1978)

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