ARY JEWELERS, LLC v. IBJTC Business Credit Corp.

ORDER

HARRINGTON, Senior District Judge.

In response to Defendant IBJTC Business Credit Corporation’s (“IBJ”) motion to dismiss Count I of the Second Amended Complaint 1 and to Strike the Expert Report of Plaintiff ARY Jewelers, LLC’s (“ARY”) witness Shirley Webster (Pleading No. 114), the Court has considered the parties’ submissions on that motion and rules as follows:

The Court denies defendant’s motion to enter judgment on Count I.

When liability is proven, contract law has been used to calculate damages on business torts involving wrongfully denied financing, and the borrower applicant has…