§Why CasetextPricing

2138747 Ontario, Inc., Appellant,v.Samsung C&T Corporation, et al., Respondents.

Brief

16 Cited authorities

  1. Cooney v. Osgood Mach

    81 N.Y.2d 66 (N.Y. 1993)   Cited 464 times   2 Legal Analyses
    Adopting situs of tort as "tie breaker" in true conflict cases

  2. 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

  3. Welsbach Electric Corp. v. MasTec North America

    2006 N.Y. Slip Op. 8632 (N.Y. 2006)   Cited 167 times   1 Legal Analyses
    Holding that New York's public policy against pay-if-paid contracts is not so fundamental that it should override the parties' choice of Florida law, which permits pay-if-paid contracts

  4. 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

  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. 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

  7. Finucane v. Interior Construction Corp.

    264 A.D.2d 618 (N.Y. App. Div. 1999)   Cited 64 times
    Holding that New York enforces choice-of-law provisions provided that " the law of the State selected has a reasonable relation[ship] to the agreement . . . and (b) the law chosen does not violate a fundamental public policy of New York"

  8. Insurance Co. of North America v. ABB Power Generation, Inc.

    91 N.Y.2d 180 (N.Y. 1997)   Cited 49 times
    In ABB Power, the question resolved by the New York Court of Appeals was whether the language "cause of action accrues" in state X means that a cause of action could have been brought in state X.

  9. Smith Barney, Harris Upham Co. v. Luckie

    245 A.D.2d 17 (N.Y. App. Div. 1997)   Cited 3 times
    Recognizing conversion as "the New York analogue of" civil theft

  10. Empire Square Realty Co. v. Chase Nat. Bank

    181 Misc. 752 (N.Y. Misc. 1943)   Cited 6 times
    In Empire Sq. Realty Co. v Chase Nat. Bank of City of N.Y. (181 Misc. 752, affd 267 App. Div. 817, mot for lv to app den 267 App. Div. 901), plaintiff corporation sought an accounting by the defendant bank alleging that plaintiff's president had wrongfully paid personal debts to the defendant out of funds of the corporation.

  11. Section 5-322.1 - Agreements exempting owners and contractors from liability for negligence void and unenforceable; certain cases

    N.Y. Gen. Oblig. Law § 5-322.1   Cited 977 times   3 Legal Analyses
    Declaring contract provisions requiring exhaustion of another legal remedy before enforcing bond unenforceable as against public policy

  12. 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

  13. Section 17-103 - Agreements waiving the statute of limitation

    N.Y. Gen. Oblig. Law § 17-103   Cited 86 times
    Limiting the effectiveness of " promise to waive, to extend, or not to plead [certain] statute of limitation[] . . . ."

  14. Section 34 - Waiver of lien

    N.Y. Lien Law § 34   Cited 81 times

    Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any lien created under article two is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanic's lien executed and delivered by a contractor, subcontractor, material supplier or laborer simultaneously with or after payment for the labor performed or the materials

  15. 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

  16. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation