DESARROLLADORA FARALLON S. DE R.L. DE C.V. v. MEXVALO, S. DE R.L. DE C.V.

651867/15, 2378A, 2378.

146 A.D.3d 442 (2017)

2017 NY Slip Op 00070

44 N.Y.S.3d 902

DESARROLLADORA FARALLON S. DE R.L. DE C.V., Appellant, v. MEXVALO, S. DE R.L. DE C.V. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2017.


The court correctly dismissed the four causes of action purporting to assert tort claims under Mexican law. To the extent plaintiff alleges that defendant Cargill Soluciones Empresariales, S.A. de C.V., SOFOM, ENR acted tortiously by using its power as the note holder to seize control of the property and squeeze plaintiff out of its operations, plaintiff failed to meet its burden of showing a relevant conflict between the laws of New York and Mexico. Nor did plaintiff adequately...

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