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FAVOURITE LTD. v. CICO

652857/16, 11167, 11166.

181 A.D.3d 426 (2020)

120 N.Y.S.3d 309

2020 NY Slip Op 01463

Favourite Limited et al., Respondents, v. Benedetto Cico et al., Appellants, et al., Defendants.

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

Decided March 3, 2020.

Contrary to defendants' contention, New York courts have subject matter jurisdiction over the amended complaint, which was supposed to contain only derivative claims (see Matter of Raharney Capital, LLC v Capital Stack LLC, 138 A.D.3d 83, 87 [1st Dept 2016]). The fact that the operating agreement of Upper East Side Suites, LLC (the Company) chooses Delaware law is of no moment, since "choice of law and choice of forum are altogether...

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