Daily Archives: Thursday, May 10, 2018

Posted: May 10, 2018

Judge Garaufis denies insurer’s motion to dismiss in lawsuit involving “ordinary traffic accident with an international twist”

Posted by Solomon N. Klein, Litigation Partner District Judge Nicholas G. Garaufis denied an insurer’s motion to dismiss a lawsuit brought directly by a plaintiff against the insurer of a vehicle that belonged to the Principality of Monaco. The Court ruled that the lawsuit was proper under the Diplomatic Relations Act of 1978, despite the... Read more »

Posted: May 10, 2018

Claim Dismissed for Being “Conclusory and Lacking in Factual Specificity”

On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoenix International Publications, Inc., 2018 NY Slip Op. 03204, dismissing a counterclaim for being “conclusory and lacking in factual specificity,” explaining: Even accepting the allegations as true and affording counterclaim plaintiff (Phoenix) every possible favorable inference, we find that the... Read more »