Wednesday, January 11, 2017

Tort claims asserted under Mexican law.

The Appellate Division affirmed dismissal in this action where plaintiff claimed defendant acted tortiously by using its power as the note holder to seize control of the property and squeeze plaintiff out of its operations. Plaintiff failed to meet its burden of showing a relevant conflict between the laws of New York and Mexico. Neither did plaintiff adequately plead that the locus of the alleged torts was in Mexico, since the complaint alleges that the business transactions, including the loan purchase, occurred in New York. In addition, plaintiff does not allege that the post-acquisition conduct to take control of the property occurred elsewhere.

Case:  Desarrolladora Farallon S. de R.L. de C.V. v. Mexvalo, S. de R.L. de C.V., NY Slip Op 00070 (1st Dep't January 5, 2016)

Tomorrow' issue:  A runaway bus.