Legal Opinion · Dissent

Pramer S.C.A. v. Abaplus International Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2010Published

1Dissent

DeGrasse, J. (dissenting in part).

This appeal is from

Supreme Court’s dismissal of plaintiffs claims against defendants Vargas Distribution (VDI) and Arturo Vargas on the ground of lack of personal jurisdiction. Plaintiff also appeals from the court’s dismissal of its claims sounding in fraud, unjust enrichment and breach of the implied covenant of good faith and fair dealing against defendant Abaplus for failure to state a cause of action. I agree with the majority’s conclusion that Supreme Court lacked personal jurisdiction over VDI and Vargas. I disagree, however, with the majority’s…

2Cases cited10 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  3. Jana L. v. West 129th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Khatibi v. WeillAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sorenson v. Bridge Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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