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September 23, 2024
Claims For Wrongful Seizure Of Maritime Vessel Overseas Dismissed For Want Of Personal Jurisdiction
On September 3, 2024, Justice Joel M. Cohen granted defendants’ motion to dismiss, for want of personal jurisdiction, an action seeking damages for the allegedly wrongful overseas seizure of plaintiff’s maritime vessel, the Auzonia. The case is Amelia Maritime Group Ltd. v. Integr8 Fuels America LLC et al., Index No. 152882/2024. Read More
February 28, 2024
Court Has Jurisdiction Over LLC Based On Alter Ego Allegations
On January 26, 2024, Justice Melissa A. Crane denied defendant’s motion to dismiss for lack or jurisdiction. The decision in Bochenek v. Ashton, Index No. 654904/2022, concerned defendant Twenty Seven Investment Group, LLC (“TSIG”). As to jurisdiction over TSIG, the Court explained: Read More
November 27, 2023
Court Dismisses Claims Against Public Utility Company ConEd under Primary Jurisdiction Doctrine, Deferring to State Agency
In an Amended Decision and Order, dated October 24, 2023, in Riverdale Jewish Center v. Consolidated Edison Company of New York, Inc., Index No. 651032/2022, Justice Margaret A. Chan granted Defendant ConEd’s motion to dismiss claims against it for deceptive business practices and affirmative misrepresentation based on allegedly misleading billing inserts. Public utility company ConEd provides gas and electric services to many areas of New York State. The Court ruled that New York’s Public Service Commission had direct regulatory jurisdiction over ConEd’s billing inserts and, therefore, the Court should defer to the agency, rejecting the Plaintiff’s arguments that the question of whether an insert was deceptive fell within the Court’s, not the agency’s, expertise. The Court explained: Read More
December 9, 2022
Court Grants Motion To Dismiss Individuals Due To Lack of Personal Jurisdiction
In an Opinion, dated October 25, 2022, in Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., Index Number 65117618/2017, Justice Robert R. Reed granted, inter alia, individual defendants’ motions to dismiss for lack of personal jurisdiction. Plaintiff had brought the action regarding promissory notes known as “floating rate subordinated notes due 2015” issued by a nonparty shell company. The Court rejected Cortlandt’s argument that it had jurisdiction over the individuals under an alter ego theory and the closely-related doctrine. The Court explained: Read More
September 9, 2022
Foreign Garnishee Banks that Maintain Bank Accounts in New York to Effect Dollar Transactions and the Funds Held in those Banks’ Correspondent Accounts Not Subject to Personal or Quasi-In-Rem Jurisdiction
On August 3, 2022, in Chaar v. Arab Bank P.L.C., Index No. 651780/2022, Justice Margaret Chan of the New York County Commercial Division denied plaintiffs’ motion to confirm a prior order of attachment for lack of quasi-in-rem jurisdiction. While plaintiffs asserted various activities by the defendant banks and their executive and board members in New York, including conducting banking activities, trading on the New York Stock Exchange and investing in real estate, those activities were not sufficiently related to plaintiffs’ claims to establish the constitutionally mandated minimum contacts. Read More
August 20, 2021
Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meri… Read More
June 3, 2021
Correspondent Bank Relationships, Without More, are Insufficient Basis for Personal Jurisdiction
On May 13, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Malae… Read More
March 9, 2021
Travelling to New York for Preliminary Negotiations Insufficient Basis for Personal Jurisdiction
On February 25, 2021, the First Department issued a decision in USA Sevens LLC v. World Rugby Ltd., … Read More
January 3, 2021
Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company
On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 21, 2020
Primary Jurisdiction Doctrine Calls for Dismissal of Lawsuit While Administrative Action Pending
On December 9, 2020, the Second Department issued a decision in New York Ind. Contrs. Alliance, Inc.… Read More
August 27, 2020
No Jurisdiction Over Suit Arising From Events in China
On August 24, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
August 17, 2020
Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Set… Read More
July 16, 2020
Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. … Read More
June 13, 2020
If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip … Read More
April 26, 2020
Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
March 5, 2020
New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement's Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op.… Read More
February 22, 2020
Plaintiff Sufficiently Alleges Jurisdiction Over Foreign Defendant That Did Not Travel to New York
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
November 19, 2019
Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
August 12, 2019
Attorney's Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction
On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 201… Read More
May 22, 2019
Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 5, 2019
Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action
On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY … Read More
April 1, 2019
Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 10, 2019
Defendant Waived Lack of Personal Jurisdiction Defense By Bringing Earlier, Related Action
On February 19, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 12, 2018
Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
October 20, 2018
Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 18, 2018
No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
July 16, 2018
No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op.… Read More
May 1, 2018
First Department Reaffirms Doctrine of Personal Jurisdiction Based on Acts of Co-Conspirators
On April 26, 2018, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v… Read More
April 5, 2018
Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
April 1, 2018
Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
March 21, 2018
One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
November 12, 2017
Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 24, 2017
Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
October 17, 2017
Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York
On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Sl… Read More
October 10, 2017
Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 7, 2017
Reaching Out to New York Bank to Negotiate Loan Agreements Created Personal Jurisdiction
On September 25, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 27, 2017
Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction
On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 19, 2017
Defendant Cannot Amend Answer to Assert Defense of Lack of Personal Jurisdiction
On September 11, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
July 14, 2017
Non-Parties Bound by Contract's Forum Selection Clause
On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in … Read More
June 29, 2017
Telephone and E-mail Communications to New York Insufficient to Create Personal Jurisdiction
On June 22, 2017, the First Department issued a decision in Ripplewood Advisors, LLC v. Callidus Cap… Read More
June 25, 2017
Claim Against Trust Dismissed for Lack of Jurisdiction Over Trustee
On June 9, 2017, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
June 12, 2017
Spanish Defendant's Travel to, and Failure to Pay Commissions in, New York Creates Jurisdiction
On June 8, 2017, the Court of Appeals issued a decision in D&R Global Selections, S.L. v. Bodega Ole… Read More
May 23, 2017
Court Upholds Jurisdiction Based on Conspiracy
On May 16, 2017, the First Department issued a decision in FIA Leveraged Fund Ltd. v. Grant Thornton… Read More
May 6, 2017
No Veil Piercing Jurisdiction Unless Defendant Used Corporate Form to Harm or Defraud
On April 25, 2017, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
February 3, 2017
No Personal Jurisdiction Found Over Defendant Based on Actions of His Agents
On January 26, 2017, the First Department issued a decision in Coast to Coast Energy, Inc. v. Gasarc… Read More
January 12, 2017
Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days
On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op.… Read More
December 22, 2016
Situs of Injury for Economic Damage is Where Original Critical Events Took Place
On December 7, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 24, 2016
Personal Jurisdiction Found Based on Use of New York Correspondent Banks to Launder Funds
On November 22, 2016, the Court of Appeals issued a decision in Rushaid v. Pictet & Cie, 2016 NY Sli… Read More
May 3, 2016
Theft of Data on Servers Located in New York Insufficient Basis for Personal Jurisdiction
On April 25, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Delfasco… Read More
April 20, 2016
Forum Selection Clause Can Bind Nonsignatory Closely Related to Signatory and Dispute
On March 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
December 19, 2015
Court of Appeals Grants Leave to Appeal On Daimler Personal Jurisdiction Issue
On December 16, 2015, the Court of Appeals granted leave to leave to appeal in the action D&R Global… Read More
September 5, 2015
Unjust Enrichment Not Predicate Tort for CPLR 302 Jurisdiction Over Co-Conspirator
On August 25, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 14, 2015
Interpreting Daimler, First Department Enforces Information Subpoena Covering Foreign Subsidiaries
On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega I… Read More
May 25, 2015
No Personal Jurisdiction Over Out-of-State Partner of Law Firm with New York Offices
On April 29, 2015, Justice Singh of the New York County Commercial Division issued a decision in Run… Read More
May 22, 2015
Contract Negotiated in New York Does Not Support Assertion of Jurisdiction When Claims Are Not for Breach of that Contract
On May 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in S… Read More
May 9, 2015
Court Declines to Exercise Personal Jurisdiction Over Foreign Entities Under Mere Department Doctrine
On April 24, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 21, 2015
Negotiation of Contracts in New York Supports Assertion of Personal Jurisdiction Here
On April 14, 2015, the First Department issued a decision in Wilson v. Dantas, 2015 NY Slip Op. 0308… Read More
February 11, 2015
No Jurisdiction Over Corporate Officers Based on Contract to Which They Were Not Parties
On February 2, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 13, 2015
Quick Review of CPLR 207: Tolling of the Limitations Period for Out-of-State Defendants
CPLR 207 governs the calculation of time for statute of limitations purposes when a defendant cannot… Read More
January 3, 2015
Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York
On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capit… Read More
December 27, 2014
Personal Jurisdiction Adequately Alleged Where There Was a Factual Showing that Out-of-State Defendants Conspired with In-State Defendant
On December 15, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 24, 2014
Limits on Foreign Corporations' Ability to Create Jurisdiction by Consent in New York
On December 23, 2014, the First Department issued a decision in Techo-TM, LLC v. Fireaway, Inc., 201… Read More
November 23, 2014
Out-of-State Medical Practice not Subject to Personal Jurisdiction in New York Based on Passive Website and Communications Initiated by the Plaintiff
On November 20, 2014, the Court of Appeals issued a decision in Paterno v. Laser Spine Inst., 2014 N… Read More
November 10, 2014
Defendants' Indirect Connections to New York Insufficient to Establish Personal Jurisdiction
On November 6, 2014, the First Department issued a decision in Bluewaters Communications Holdings, L… Read More
November 6, 2014
Forum Selection Clause Not Enforced When Neither Parties Nor Agreement Connected to Chosen Forum
On November 5, 2014, the Second Department issued a decision in U.S. Merchandise, Inc. v L&R Dis… Read More
October 14, 2014
Non-Signatory May Be Bound by a Contract's Forum Selection Clause
On October 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 24, 2014
New York does not Follow the "Fiduciary Shield" Doctrine, so Corporate Officers' Actions on Behalf of a Company can Form the Basis for Personal Jurisdiction over the Officer
On September 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
August 2, 2014
No Personal Jurisdiction Based on Solicitation of Business in State Without More
On July 30, 2014, the Second Department issued a decision in Mejia-Haffner v. Killington, Ltd., 201… Read More
June 15, 2014
Court Refuses to Enforce Alleged Parol Forum Selection Clause
On June 12, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Zuck… Read More
May 30, 2014
Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment
On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad T… Read More
May 25, 2014
Forum Selection Clause Enforceable Absent Fraud or Overreaching
On May 13, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in U.… Read More
April 22, 2014
Website, Without More, Insufficient to Create Personal Jurisdiction in New York
On April 7, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Stein… Read More
February 25, 2014
Foreign Default Judgment Enforceable in New York Even if the Foreign Court Did Not Have Personal Jurisdiction over Defendant Where Defendant Consented to Jurisdiction
On February 25, 2014, the Court of Appeals issued a decision in Landauer Ltd. v. Joe Monani Fish Co… Read More
February 18, 2014
Case Against New Jersey Defendants Dismissed for Lack of Personal Jurisdiction
On February 18, 2014, the First Department issued a decision in SunLight General Capital LLC v. CJS … Read More
January 27, 2014
Ties to New York Bank Found Insufficient to Create General Jurisdiction
On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in… Read More
January 18, 2014
Second Circuit Asks Court of Appeals to Clarify Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., a… Read More
November 23, 2013
Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed
On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Sli… Read More
November 9, 2013
Foreign Derivative Claims Face Hurdles in NY Courts
On October 22, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
October 21, 2013
Second Circuit Declines to Follow Appellate Division Interpretation of New York Law
While we normally do not blog about Second Circuit decisions, that court's decision in Licci v. Leba… Read More
