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PRAMER S.C.A. v. ABAPLUS

603336/04, 1909

76 A.D.3d 89 (2010)

907 N.Y.S.2d 154

PRAMER S.C.A., Appellant, v. ABAPLUS INTERNATIONAL CORPORATION et al., Respondents.

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

Decided June 10, 2010.

Attorney(s) appearing for the Case

Baker Botts, LLP, New York City ( Richard B. Harper and Kristin Flood of counsel), for appellant.

Haynes and Boone, LLP, New York City ( Kenneth J. Rubinstein and Carmen Seto of counsel), for respondents.

FRIEDMAN and ROMÁN, JJ., concur with ACOSTA, J.; ANDRIAS, J.P., and DeGRASSE, J., dissent in part in a separate opinion by DeGRASSE, J.

OPINION OF THE COURT

ACOSTA, J.

In this appeal we are called on to revisit New York's long-arm jurisdiction statute and to determine whether a plaintiff can plead a cause of action for unjust enrichment when it has adequately pleaded that an alleged bribery induced a fraudulent agreement. We modify the order of Supreme Court to the extent of reinstating the claims against defendant Abaplus sounding in fraud and unjust enrichment.

Plaintiff, which...

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