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TATE & LYLE INGREDIENTS AMERICAS, INC. v. WHITEFOX TECHNOLOGIES USA, INC.

6974, 600070/09.

98 A.D.3d 401 (2012)

949 N.Y.S.2d 375

2012 NY Slip Op 5888

TATE & LYLE INGREDIENTS AMERICAS, INC., Plaintiff, v. WHITEFOX TECHNOLOGIES USA, INC., et al., Defendants/Counterclaim Plaintiffs-Respondents. TATE & LYLE PLC, Additional Defendant on Counterclaim-Appellant.

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

Decided August 7, 2012.

The court properly denied the motion to dismiss. The general rule under New York law is that parent corporations may not enforce, or have enforced against them, terms of a contract, including forum selection clauses, signed by their separately existing subsidiaries (see Freeford Ltd. v Pendleton, 53 A.D.3d 32, 38 [2008], lv denied 12 N.Y.3d 702 [2009]).

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