Legal Opinion
Intertex Trading Corp. v. Ixtaccihuatl S.A. De CV
District Court, S.D. New York
Decided December 1, 2010No. 08 Civ 9568PublishedCited by 10 opinions
1Opinion of the Court
Order
WILLIAM G. YOUNG, District Judge. 1
I. PROCEDURAL POSTURE
At an oral hearing on October 19, 2010, this Court denied the motion of Ixtaecihuatl S.A. DE CV (“Ixtaccihualtl”) and Industrias Quiltex S.A. DE CV (“Quiltex”) (together, “Defendants”) to dismiss for lack of personal jurisdiction and took under advisement their motion insofar as it was based on the New York State statute of frauds. After careful consideration, this Court grants the Defendants’ motion to dismiss on the ground that the Dan River Commission Agreement is a “broker’s agreement” whose enforcement is barred by the New York…
2Cases cited14 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by10 opinions
- Mercator Corp. v. WindhorstDistrict Court, S.D. New York · 2016
- Nickel v. Brenton, LLCDistrict Court, N.D. New York · 2015
- CMC Transaction Services, LLC v. IDEX CorporationDistrict Court, S.D. New York · 2019
- McLean Gordon v. Equitas Capital Group, LLC and Alex LeykindDistrict Court, S.D. New York · 2025
- Mom & Baby Supplies Inc. v. Abiie LLCDistrict Court, E.D. New York · 2026
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