From Casetext: Smarter Legal Research

Stockacre Limited v. Pepsico, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 398 (N.Y. App. Div. 1999)

Opinion

Argued June 8, 1999

October 12, 1999

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Nicolai, J.).


ORDERED that the orders are affirmed, with one bill of costs.

Pursuant to a contract executed in Denmark, the plaintiff, a British corporation, purchased a quantity of carbonated beverages from one of the independent bottlers of the defendant PepsiCo, Inc. (hereinafter PepsiCo), namely, the defendant Brewery Group Denmark A/S (hereinafter Brewery Group), a Danish corporation. The plaintiff then sold the soda to customers in Russia and Poland. In this breach of contract action, the plaintiff alleges, inter alia, that the bottles were defective and/or contained spoiled soda.

The Supreme Court properly granted PepsiCo's motion to dismiss the complaint insofar as asserted against it. The corporate veil between PepsiCo and Brewery Group could not be pierced since the proffered evidence demonstrated that PepsiCo did not exercise sufficient dominion and control over Brewery Group ( see, Port Chester Elec. Constr. Corp. v. Atlas, 40 N.Y.2d 652; Finkel v. Blair Co., 213 A.D.2d 588).

The complaint was properly dismissed as to Brewery Group on the ground of forum non converuens. The litigation has no nexus with New York except that PepsiCo, a North Carolina corporation, maintains its principal place of business here. However, as previously noted, PepsiCo is an improper party, and all relevant documents and potential witnesses are located in Denmark, Russia, or other European countries. The plaintiff has available to it another forum, Denmark, and has, in fact, commenced an action in the Danish courts based upon the same set of facts underlying this action ( see, CPLR 327; Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, cert denied 469 U.S. 1108).

The appellant's remaining contentions are without merit.

RITTER, J.P., JOY, H. MILLER, and SMITH, JJ., concur.


Summaries of

Stockacre Limited v. Pepsico, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 398 (N.Y. App. Div. 1999)
Case details for

Stockacre Limited v. Pepsico, Inc.

Case Details

Full title:STOCKACRE LIMITED, Appellant, v. PEPSICO, INC., et al., respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1999

Citations

265 A.D.2d 398 (N.Y. App. Div. 1999)
696 N.Y.S.2d 500

Citing Cases

Wyser-Pratte Mgt. Co., Inc. v. Babcock Borsig Ag.

Similarly, in Deutsche Anlagen-Leasing GMBH v. Kuehl, 111 AD2d 69 [1st Dept 1985], the court found that New…

Weiss v. Marjam of Long Island, Inc.

Following a nonjury trial, the Supreme Court granted the defendants' motion for judgment as a matter of law,…