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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Personal Jurisdiction

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Court Stays Action, Rather Than Dismiss, Despite Simultaneous Similar Action Between Same Parties in NJ, Where Full Relief Might Not Be Afforded in NJ Action

Posted in Banking, Demarest, Carolyn E., Guaranty, Kings, Motion to Dismiss, Personal Jurisdiction, Real estate

In a January 6, 2016 Commercial Division decision by Justice Demarest, the court granted the defendants’ motion to dismiss pursuant to CPLR 3211(a)(4) in part, staying the action until the conclusion of a separate action brought in New Jersey.

Court Dismisses Various State Law Claims Under Both Russian and New York Law, Also Dismisses for Lack of Personal Jurisdiction over Foreign Defendants

Posted in Bransten, Eileen, Breach of Fiduciary Duty, Conversion, Motion to Dismiss, New York, Personal Jurisdiction, Shareholder Dispute, Tortious Interference with Business Relations, Unjust Enrichment

In an August 25, 2015 Commercial Division decision by Justice Bransten, the court granted five motions to dismiss, dismissing a Complaint which alleged conspiracy to strip the plaintiff, Norex Petroleum Limited (“Norex”), a Cyprus corporation, of its controlling interest in a lucrative Russian oil company (“Yugraneft”). In this case, the court analyzed whether a federal… Continue Reading

Court Disqualifies Defendant’s Counsel for Disclosing Plaintiff’s Confidential Information to Plaintiff’s Opposing Party in Separate Action in Florida

Posted in Emerson, Elizabeth, Legal, Personal Jurisdiction, Shareholder Dispute, Suffolk

In an August 13, 2015 Commercial Division decision by Justice Emerson, the court denied the defendant’s motion to dismiss the complaint and granted the plaintiff’s cross motion for disqualification of the defendant’s counsel.

Class Allowed to Prosecute Proceeding for Turnover of Water Lily Proceeds in Absence of Necessary Party

Posted in Class Action, Conversion, Fraud, Motion to Dismiss, New York, Personal Jurisdiction, Ramos, Charles E., Unjust Enrichment

In an April 7, 2015, New York County Commercial Division decision by Justice Ramos, the court denied in substantial part respondents’ motion under CPLR 1001, as well as 3211 (a) (4) and (7), to dismiss petitioners’ special proceeding for failure to join a necessary party; because of another action pending; and for failure to state… Continue Reading

Use of Interactive Website Accessible in New York Not Considered Doing or Transacting Business in New York for Purposes of Personal Jurisdiction

Posted in Fraud, Motion to Dismiss, Personal Jurisdiction, Pines, Emily, Real estate, Suffolk

In a March 27, 2015, Suffolk County Commercial Division decision by Justice Pines, the court granted defendant non-domiciliary’s motion to dismiss plaintiff’s complaint for lack of personal jurisdiction. Plaintiff brought fraud and negligent misrepresentation claims against a Florida professional association in connection with the sale of real estate in New York. Defendant moved to dismiss… Continue Reading

Jurisdictional Discovery Needed Over Allegations of Rival Firm’s Looting of Bankrupt Real Estate Brokerage

Posted in Discovery, Friedman, JSC, Marcy S., Motion to Dismiss, New York, Personal Jurisdiction, Real estate

In a December 15, 2014 Commercial Division decision by Justice Friedman, the court granted in part the motion to dismiss of nine of eleven defendants for lack of personal jurisdiction, severed the surviving claims, and referred the issue of jurisdictional discovery of the two remaining defendants to a Special Referee.

Real Estate Investor’s Claims Time-Barred, Was Aware for Over Six Years of Lack of Development and Pre-Sales

Posted in Breach of Contract, CPLR 302, Demarest, Carolyn E., Fraud, Kings, Motion to Dismiss, Personal Jurisdiction, Real estate, Statute of Limitations, Telecommunications, Unjust Enrichment

In a June 12, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant LLCs’ motion to dismiss.  Plaintiff alleged he was approached by an individual defendant, a director and member of the two defendant LLCs, to invest in real estate in the Republic of Georgia, but that the real state was never… Continue Reading

Mistakenly Uploading the Incorrect File to Electronically Commence an Action is an Error Correctable Pursuant to CPLR 2001

Posted in CPLR 3211, Demarest, Carolyn E., Kings, Motion to Dismiss, Personal Jurisdiction

In a March 28, 2014 Commercial Division decision by Justice Demarest, the court denied the defendant’s motion to dismiss the action, which arose from the defendant’s alleged wrongful diversion of the plaintiff corporation’s assets, customers, good will and trademark. To commence the action, the plaintiffs electronically filed and labeled as a “summons with notice,” what… Continue Reading

Choice-of-Law Provision Does Not Apply to State Statutory Wage Claims

Posted in Breach of Contract, Erie, Forum Selection Clause, Staffing, Summary Judgment, Walker, Timothy J.

Plaintiff, who lived and worked in Massachusetts, contended he was not paid wages as owed under an employment agreement between him and the Defendant, and asserted causes of action under common law and the Massachusetts Wage Act.  The employment agreement contained a New York choice-of-law provision and a County of Erie forum selection clause.  On… Continue Reading

Long-Arm Jurisdiction Lacking Despite In-State Distributor and Sale of Products to Businesses Operating in New York

Posted in Breach of Contract, Breach of Promissory Note, Conversion, CPLR 3211, Doing Business, Emerson, Elizabeth, Entertainment, Fraud, Motion to Dismiss, Personal Jurisdiction, Suffolk, Unjust Enrichment

In a January 14, 2014 decision by Justice Emerson, the court granted the defendants’ motion to dismiss based on the court’s lack of personal jurisdiction.  The defendants were each Delaware corporations having a principal place of business in California. In 2001, the plaintiff (“Larsen”), a New York resident, bought shares of the defendant Virtual Technologies… Continue Reading

Court Converts Special Proceeding for Judicial Accounting under CPLR Article 4 to Plenary Action and Denies Application as Premature Summary Judgment Motion

Posted in Construction, Conversion, CPLR 3211, Demarest, Carolyn E., Documentary Evidence, Failure to State a Claim, Kings, Motion to Dismiss, Personal Jurisdiction, Summary Judgment, Uncategorized

In a January 17, 2014, decision by Justice Demarest, the court converted an improperly-commenced special proceeding into a plenary action, dismissed defendants’ motion to dismiss, and dismissed as premature plaintiff’s motion for an order directing a judicial accounting. In his petition for an order directing a judicial accounting of certain payments and receipts of partnership… Continue Reading

Plaintiff Permitted to Conduct Jurisdictional Discovery on Whether Claim Arose from Attorney-Client Relationship for Purposes of Long-Arm Jurisdiction: Rational Strategies Fund v Hill

Posted in CPLR 3211, Discovery, Financial services, Long Arm Jurisdiction, Motion to Dismiss, New York, Personal Jurisdiction, Schweitzer, Melvin L.

In a June 7, 2013, decision by Justice Schweitzer, the court denied defendants’ motion to dismiss the complaint for lack of personal jurisdiction and forum non conveniens.  Plaintiff-shareholder brought suit against defendant-directors asserting a single cause of action for failure to disclose material facts in connection with a merger.  In opposition to defendants’ motion, plaintiff… Continue Reading

Court Stays New Jersey-based Subcontractor’s Breach of Contract Claims Pending Proof of its Authority to Conduct Business in New York: R.D.R. Constr., Inc. v TCV Constr., LLC

Posted in Breach of Contract, Construction, CPLR 3211, Doing Business, Motion to Dismiss, Pines, Emily, Suffolk, Summary Judgment

In a June 17, 2013 decision by Justice Pines, the court granted the defendants’ cross-motion for leave to amend the answer and to dismiss the action, but only to the extent that the action was stayed pending the plaintiff presenting proof of its authority to conduct business in New York. As a result, the court… Continue Reading

Derivative Action Dismissed Since Choice of Law Analysis Required Plaintiff to First Seek Leave from Grand Cayman Island Court to Bring Action: ARG Capital, LLC v Kalra

Posted in Bransten, Eileen, Breach of Fiduciary Duty, Derivative Actions, Financial services, Motion to Dismiss, New York, Personal Jurisdiction, Unjust Enrichment

In a June 18, 2013 decision by Justice Eileen Bransten, the Court considered a motion to dismiss a derivative action arising out of claims for breach of fiduciary duty, waste, gross mismanagement, abuse of control, unfair competition and unjust enrichment. Defendants Kalra and Chugh had started a network of companies to render investment-related advice and… Continue Reading

Conclusory Alter Ego Allegations Not Enough to Pierce Corporate Veil: Weaver v Principal Diagnostics, Inc.

Posted in Breach of Contract, CPLR 3211, Healthcare, Motion to Dismiss, Personal Jurisdiction, Piercing Corporate Veil, Pines, Emily, Suffolk

In a May 14, 2013, decision by Justice Pines, the court granted defendants’ motion to dismiss plaintiff’s complaint seeking to pierce the corporate veil.  Plaintiff entered into an agreement to provide services as an account executive with the defendant corporation and sought to recover $70,000 in allegedly unpaid wages, salaries, and commissions.  Plaintiff asserted claims… Continue Reading

Defendants’ Emails Into New York Negotiating Contract at Issue Establish Personal Jurisdiction: Itochu Corp. v Sidecar S.A.I.C.

Posted in Breach of Contract, CPLR 302, CPLR 3211, Kapnick, Barbara R., Motion to Dismiss, New York, Personal Jurisdiction, Transportation

In a November 8, 2012 decision by Justice Kapnick, the court denied the defendants’ motion to dismiss for lack of personal jurisdiction and in the alternative to dismiss based on forum non conveniens. The case arose out of a contract between the parties for the purchase of a shipload of coal to be delivered in… Continue Reading

Court Tells Shareholders to Vote On and Denies Request to Postpone Vote at Annual Shareholder Meeting: Wenz v Globecomm Sys. Inc.

Posted in Order to Show Cause, Preliminary Injunction, Service of Process, Shareholder Dispute, Suffolk, Whelan, Thomas

In a November 14, 2012 decision by Justice Whelan, the court denied the plaintiffs’ motion to preliminarily enjoin the shareholders of the defendant corporation from voting at their annual general meeting. The plaintiffs argued that they were provided with insufficient information concerning two proposals to be voted on, and sought to postpone the vote to… Continue Reading

Foreign Defendant’s Web-Based Purchase of Product from New York Plaintiff Implicates Long-Arm Statute: Virtual Chip Exch. USA, Inc. v Siemens, PLC

Posted in Breach of Contract, CPLR 302, CPLR 3211, Motion to Dismiss, Personal Jurisdiction, Pines, Emily, Suffolk, Technology

In an October 18, 2012, decision by Justice Pines, the court denied defendant’s motion to dismiss for lack of personal jurisdiction under CPLR 3211 [a] [8].  Plaintiff, a Delaware company with a principal place of business, sued defendant, an English company organized under the laws of England, for breach of contract.  Plaintiff allegedly provided computer… Continue Reading

Court Upholds Fraud Claims Based on Allegations of Opinions Expressed by Bank to Induce Plaintiff to Purchase Toxic Securities in Order to Avoid Losses: Basis Yield Alpha Fund (Master) v Goldman Sachs Group, Inc.

Posted in Arbitration, Banking, Breach of Contract, Breach of Implied Covenant of Good Faith and Fair dealing, CPLR 3211, Discovery, Failure to State a Claim, Financial services, Fraud, Good faith and fair dealing, Kornreich, Shirley Werner, Misrepresentation, Motion to Compel Arbitration, Motion to Dismiss, Motion to Stay Discovery, Negligent Misrepresentation, New York, Personal Jurisdiction, Rescission, Unjust Enrichment

In an October 18, 2012, decision by Justice Kornreich, the court granted in part and denied in part defendant’s motions to compel arbitration and to dismiss the complaint.  Plaintiff-mutual fund sued defendant-investment bank in connection with the purchase of a certain mortgage-backed securities.  Plaintiff alleged that it was induced to purchase the products through false… Continue Reading

Membership in LLC Standing Alone Does Not Confer Personal Jurisdiction over Foreign Entity: Global Mar. Power, Inc. v Kustom Engines & Performance Eng’g

Posted in Breach of Contract, Emerson, Elizabeth, Forum Selection Clause, Manufacturing, Motion to Dismiss, Personal Jurisdiction, Suffolk

In a September 4, 2012 decision by Justice Emerson, the court granted in part and denied in part the defendants’ motion to dismiss the amended complaint which alleged that the defendants breached the parties’ contract by failing to pay $10,000 to purchase the plaintiff’s engine manufacturing business. The court initially granted the plaintiff leave to… Continue Reading