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INTERNATIONAL FINANCE CORPORATION v. CARRERA HOLDINGS INC.

4631, 601705/07, 4631A.

82 A.D.3d 641 (2011)

920 N.Y.S.2d 310

INTERNATIONAL FINANCE CORPORATION, Respondent, v. CARRERA HOLDINGS INC. et al., Appellants.

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

Decided March 29, 2011.

The counterclaim alleging breach of contract was properly dismissed, since defendants failed to show the existence of an agreement with terms obligating plaintiff to manage a risk that the government of Tajikistan, where the parties' joint venture was located, might interfere with the enterprise (see Matter of Express Indus. & Term. Corp. v New York State Dept. of Transp., 93 N.Y.2d 584, 589-590 [1999]; Caniglia v Chicago...

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