27 Cited authorities

  1. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 283 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute
  2. Portfolio Recovery v. King

    2010 N.Y. Slip Op. 3470 (N.Y. 2010)   Cited 143 times   2 Legal Analyses
    Holding that, where a claim has been assigned, a court should look to the residence of the assignor to determine the place of accrual for purposes of the borrowing statute
  3. Matter of Smith Barney v. Luckie

    85 N.Y.2d 193 (N.Y. 1995)   Cited 204 times   1 Legal Analyses
    Holding that where choice of law clause provided that New York state law "would govern 'the agreement and its enforcement'" statute of limitations issue was for the court
  4. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract
  5. Ministers & Missionaries Benefit Bd. v. Snow

    2015 N.Y. Slip Op. 9186 (N.Y. 2015)   Cited 106 times
    In Ministers, the Court of Appeals held that New York choice-of-law provisions in retirement and death benefit plans for certain ministers and missionaries controlled over a New York statutory directive, EPTL 3-5.1(b)(2), that would have applied the substantive law of the decedent's domicile at death in determining the effect of the decedent's divorce on the designation of his wife as beneficiary.
  6. Diamond Sys. v. 55 Liberty

    4 N.Y.3d 247 (N.Y. 2005)   Cited 123 times   1 Legal Analyses
    Holding that the FAA applied since the out-of-state parties were involved in the transaction and various materials were obtained from out-of-state
  7. In re Agent Orange Product Liability Litigation

    597 F. Supp. 740 (E.D.N.Y. 1984)   Cited 191 times   9 Legal Analyses
    Holding that information will be considered known to a government agency "if there is some relationship between [the two] agencies — either some reason for the agency without knowledge to seek the information or a reason for the knowledgeable agency to transmit the information"
  8. In re Tronox Inc.

    429 B.R. 73 (Bankr. S.D.N.Y. 2010)   Cited 81 times
    Finding that determination of whether a debtor received reasonably equivalent or fair value in exchange for its assets is a question of fact that could not be resolved on a motion to dismiss
  9. Martin v. Dierck Equip. Co.

    43 N.Y.2d 583 (N.Y. 1978)   Cited 184 times
    Holding that product liability claim accrued in Virginia for purposes of CPLR 202 where plaintiff was injured in Virginia but product was manufactured in New York
  10. IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A.

    2012 N.Y. Slip Op. 8669 (N.Y. 2012)   Cited 60 times   1 Legal Analyses
    Applying New York substantive law to evaluate the argument that the purported contract was void under foreign law because the board of directors never authorized it in accordance with foreign law
  11. Section 5-1401 - Choice of law

    N.Y. Gen. Oblig. Law § 5-1401   Cited 98 times   7 Legal Analyses
    Recognizing contracting parties' choice of New York law to govern certain major transactions
  12. Section 5-1402 - Choice of forum

    N.Y. Gen. Oblig. Law § 5-1402   Cited 76 times   3 Legal Analyses

    1. Notwithstanding any act which limits or affects the right of a person to maintain an action or proceeding, including, but not limited to, paragraph (b) of section thirteen hundred fourteen of the business corporation law and subdivision two of section two hundred-b of the banking law, any person may maintain an action or proceeding against a foreign corporation, non-resident, or foreign state where the action or proceeding arises out of or relates to any contract, agreement or undertaking for