In an October 25, 2010 decision by Justice Fried the Court granted dismissal of claims against defendants for lack of personal jurisdiction and failure adequately plead causes of action for adding and abetting a breach of fiduciary duty and unjust enrichment. The litigation stemmed from the alleged looting of a dissolved British company in the infomercial business. Plaintiff, an investment company, alleged the individual defendants who were officers and directors engaged in the looting and the other directors and corporate owners allowed the looting.
The individual defendants moved to dismiss for lack of personal jurisdiction, arguing that all of the alleged improper acts occurred in Florida. The Court granted that part of the motion as to all of the defendants, save one. The Court found that as to the one defendant the plaintiff alleged sufficient allegations of contacts with New York to warrant limited discovery and a hearing on that issue which would be addressed by a special referee. The Court also found that other than conclusory allegations, plaintiff failed to adequately plead that the corporate defendants added and abetted the alleged breaches of fiduciary duties or were unjustly enriched by the alleged wrongful acts.
MediaXposure Ltd. (Cayman) v Omnireliant Holdings, Inc., Sup Ct, New York County, October 25, 2010, Fried, J, Index No. 603325/09