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Commonwealth of the Northern Mariana Islands, Appellant,v.Canadian Imperial Bank of Commerce, Respondent, William H. Millard, Defendant, The Millard Foundation, Intervenor.

Brief

94 Cited authorities

  1. Dole Food Co. v. Patrickson

    538 U.S. 468 (2003)   Cited 517 times   7 Legal Analyses
    Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign

  2. Morris v. Dept. of Taxation

    82 N.Y.2d 135 (N.Y. 1993)   Cited 1,417 times   4 Legal Analyses
    Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."

  3. Banco Nacional de Cuba v. Sabbatino

    376 U.S. 398 (1964)   Cited 763 times   1 Legal Analyses
    Holding that the federal common law act of state doctrine precluded a federal court from considering a state law challenge to the Cuban government's expropriation of certain property

  4. TNS Holdings, Inc. v. MKI Sec. Corp.

    92 N.Y.2d 335 (N.Y. 1998)   Cited 486 times   2 Legal Analyses
    Holding that "interrelatedness, standing alone, is not enough to subject a nonsignatory to arbitration"

  5. IN RE CITRIC ACID LITIGATION

    191 F.3d 1090 (9th Cir. 1999)   Cited 326 times   1 Legal Analyses
    Holding evidence of trade association membership without factual allegations that members used associations for illegal ends did not "tend to exclude the possibility of legitimate behavior"

  6. Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd.

    585 F.3d 58 (2d Cir. 2009)   Cited 215 times   3 Legal Analyses
    In Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009), we determined that under New York law "EFTs are neither the property of the originator nor the beneficiary while briefly in the possession of an intermediary bank."

  7. DaimlerChrysler v. Spitzer

    7 N.Y.3d 653 (N.Y. 2006)   Cited 225 times
    In Spitzer, James Warner bought a new truck manufactured by General Motors Corporation in March 2003. Shortly after acquiring the truck, Warner discovered a transmission problem and attempted to have the problem fixed on five occasions between April and November 2003.

  8. Billy v. Consolidated Mach

    51 N.Y.2d 152 (N.Y. 1980)   Cited 367 times   2 Legal Analyses
    Holding that fact that employer of plaintiff's fatally injured decedent was a wholly-owned subsidiary was insufficient in itself to support imposition of liability upon parent corporation for acts of subsidiary; liability required allegation that parent exercised necessary control over subsidiary

  9. Raritan Development Corp. v. Silva

    91 N.Y.2d 98 (N.Y. 1997)   Cited 190 times
    In Raritan, the question was whether "floor area" excludes "cellar space" (91 N.Y.2d at 100–101, 667 N.Y.S.2d 327, 689 N.E.2d 1373).

  10. Greenberg, Trager & Herbst, LLP v. HSBC Bank USA

    2011 N.Y. Slip Op. 7144 (N.Y. 2011)   Cited 123 times   1 Legal Analyses
    Finding dismissal of claim warranted where plaintiff failed to allege facts showing a special relationship, defined as a relationship in which “persons who possess unique or specialized expertise, or who are in a special position of confidence and trust with the injured party such that reliance on the negligent misrepresentation is justified” (quoting Kimmell v. Schaefer, 675 N.E.2d 450, 454 (N.Y. 1996))

  11. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 37,996 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence

  12. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 3,933 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  13. Section R3120 - Discovery and production of documents and things for inspection, testing, copying or photographing

    N.Y. C.P.L.R. § 3120   Cited 1,019 times
    Concerning discovery and inspection

  14. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. CPLR 5225   Cited 828 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  15. Section 105 - Definitions

    N.Y. C.P.L.R. § 105   Cited 787 times
    Defining "infant" as a person under 18 years of age

  16. Section 5227 - Payment of debts owed to judgment debtor

    N.Y. CPLR 5227   Cited 339 times

    Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. Costs of the proceeding shall not be

  17. Section 5318 - Compliance, exemptions, and summons authority

    31 U.S.C. § 5318   Cited 246 times   110 Legal Analyses
    Setting forth legal mechanisms to ensure compliance with federal reporting requirements

  18. Section 5239 - Proceeding to determine adverse claims

    N.Y. CPLR 5239   Cited 221 times
    Proceeding to determine adverse claims

  19. 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

  20. Section 6202 - Debt or property subject to attachment; proper garnishee

    N.Y. CPLR 6202   Cited 82 times

    Any debt or property against which a money judgment may be enforced as provided in section 5201 is subject to attachment. The proper garnishee of any such property or debt is the person designated in section 5201; for the purpose of applying the provisions to attachment, references to a "judgment debtor" in section 5201 and in subdivision (i) of section 105 shall be construed to mean "defendant. " N.Y. CPLR 6202