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Conflict of Laws Keyed to Brilmayer
Global Financial Corp. v. Triarc Corp.
Citation:
93 N.Y.2d 525, 715 N.E.2d 482 (1999)Facts
Defendant, Triarc Corp., retained Plaintiff, Global Financial Corp., to perform certain consulting services. The contract was dated February 1, 1988. Between February 1988 and August 1989, Global Financial advised Triarc regarding corporate planning. In March 1989, Global Financial found an investment company that agreed to purchase all of Triarc’s outstanding shares. On November 6, 1989, Global Financial demanded payment of over $9,000,000 for services rendered. Triarc refused to pay Global Financial.
On November 9, 1995, Global Financial brought suit against Triarc in the U.S. District Court for the Southern District of New York to recover its commissions and fees. On April 10, 1996, the court dismissed Global Financial’s complaint for lack of subject matter jurisdiction because both parties were Delaware corporations. Three months later, Global Financial brought a similar suit in New York state court. The trial court dismissed Global Financial’s claims, and Global Financial appealed. The appellate court affirmed, and Global Financial appealed to the Court of Appeals.
Global Financial argues that the New York Statute of Limitations applies because the claims accrued in New York, where the contract was negotiated, executed, substantially performed, and breached.
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Topic Resources
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Choice of Law