Epstein Secrets

pt the relevant rule of New York landlord-tenant law for purposes of deciding the remaining issue in this dis- pute, and hold that, consistent with New York law, OFM was entitled to arbitrarily withhold its consent to Epstein's request to sublet the Premises to Fisher. Even assum- ing OFM had a hidden a

d in part and denied in part. I. Federal Courts .3=409 In diversity action, federal court sitting in New York must apply New York law, including New York's choice-of-law rules. 2. Contracts e=s144 Under New York's choice-of-law rules, when court is construing meaning of con- tract, court should apply

t may not be introduced to create ambiguity. Arthur M. Handler, Whitman & Ransom, New York City, for plaintiff. Elliot Silverman, Cold & Wachtel, New York City, for defendant. ORDER CONBOY, District Judge: We have before us an action for breach of contract. Plaintiff Michael R. Stroll ("Stroll") see

B's relationship with MG was dis- lished that there exists no private right of action for claims that are within the purview of the [Martin] Act.); Granite Partners, L.P. Bear, Stearns, & Co., Inc., 17 F.Supp.2d 275, 291 (S.D.N.Y.1998) (same); Deutsch I Inte- grated Barter Ina Inc. 700 F.Supp. 194 (S.D.N.Y.I98

parties' written and oral arguments, I will deny the defendants' motions to dismiss for lack of personal jurisdiction and to transfer this case to New York. Further, I find that the amended complaint adequately states claims of breach of fiduciary duty and negligent misrepresentation. Finally, I will g

claims, and instead shall look to Virgin Islands law to determine whether the plaintiffs have stated claims cognizable in this jurisdiction. 2. New York's 'Martin Act Does Not Apply to this Lawsuit The defendants aver that the Martin Act, New York General Business section 352 et seq., bars the plainti

pt. 10, 2002) ("(Ilt is well established that there exists no private right of action for claims that are within the purview of the (Martin] Act.); Granite Partners, L.P. v. Bear, Stearns, & Co., Inc., 17 F. Supp. 2d 275, 291 (S.D.N.Y. 1998) (same); Deutsch v. Integrated Barter Int'l, Inc. 700 F. Supp. 194 (S.D

ms related to the Mass Mutual Fund, they have not yet done so. (See Pls' Mem. Of Law in Opp'n to Mot. To Dismiss at 12 n. 12.) 2. The Martin Act is New York's blue sky law. General Business Law section 352-c prohibits various fraudulent and deceitful practices in the distribution, exchange, sale and purcha

Sept. 10, 2002) Cult is well established that there exists no private right of action for claims that are within the purview of the [Martin] Act.); Granite Partners, L.P. v. Bear, Steams, & Co., Inc., 17 F.Supp.2d 275, 291 (S.D.N.Y. 1998) (same); Deutsch v. Integrated Barter Ina Inc. 700 F.Supp. 194 (S.D.N.Y.19

s related to the Mass Mutual Fund, they have not yet done so. (See Pls.' Mem. Of Law in Opp'n to Mot. To Dismiss at 12 n. 12.) 2. The Martin Act is New York's blue sky law. General Business Law section 352-c prohibits various fraudulent and deceitful practices in the distribution, exchange, sale and purcha

Sept. 10, 2002) ("(in is well established that there exists no private right of action for claims that are within the purview of the [Martin] Act.); Granite Partners, L.P. v. Bear, Steams, & Co., Inc., 17 F.Supp.2d 275, 291 (S.D.N.Y. 1998) (same); Deutsch v. Integrated Barter Intl, Inc. 700 F.Supp. 194 (S.D.N.Y.