Legal Opinion
Tate & Lyle Ingredients Americas, Inc. v. Whitefox Technologies USA, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 7, 2012PublishedCited by 16 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered April 22, 2011, which, insofar as appealed from, denied Tate & Lyle PLC’s (Tate PLC) motion to dismiss all counterclaims as against it for lack of personal jurisdiction, unanimously affirmed, without costs.
The court properly denied the motion to dismiss. The general rule under New York law is that parent corporations may not enforce, or have enforced against them, terms of a contract, including forum selection clauses, signed by their separately existing subsidiaries (see Freeford Ltd. v Pendleton, 53 AD3d 32, 38 [2008], lv…
2Cases cited4 opinions
- Freeford Ltd. v. PendletonAppellate Division of the Supreme Court of the State of New York · 2008
- Indosuez International Finance v. National Reserve BankAppellate Division of the Supreme Court of the State of New York · 2003
- International Private Satellite Partners, L.P. v. Lucky Cat Ltd.District Court, W.D. New York · 1997
- Dogmoch International Corp. v. Dresdner Bank AGAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by16 opinions
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- Highland Crusader Offshore Partners, L.P. v. Targeted Delivery Tech. Holdings, Ltd.Appellate Division of the Supreme Court of the State of New York · 2020
- Universal Investment Advisory SA v. Bakrie Telecom Pte., Ltd.Appellate Division of the Supreme Court of the State of New York · 2017
- Sutton v. HoullouAppellate Division of the Supreme Court of the State of New York · 2021
- Linkable Networks, Inc. v. Mastercard Inc.Appellate Division of the Supreme Court of the State of New York · 2020
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