Bossier Plaza Associates Ltd. Partnership v. Pierson
| Decision Date | 14 December 1989 |
| Citation | 548 N.Y.S.2d 507,156 A.D.2d 246 |
| Parties | BOSSIER PLAZA ASSOCIATES LIMITED PARTNERSHIP, Plaintiff-Respondent, v. James F. PIERSON, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
J.M. Herman, for plaintiff-respondent.
R.C. Yeskoo, for defendant-appellant.
Before ROSS, J.P., and ASCH, MILONAS, ELLERIN, and WALLACH, JJ.
Order, Supreme Court, New York County (Andrew Tyler, J.), entered November 18, 1988, which granted the plaintiff's motion for summary judgment as to liability, dismissed the defendant's defenses and counterclaim, directed a trial only as to damages, and, denied defendant's cross-motion for summary judgment, is unanimously affirmed, with costs.
This is an action for breach of a real estate limited partnership subscription agreement. Upon the default of defendant-purchaser, the plaintiff sold his interest in the partnership, and, seeks a declaratory judgment. In response, although defendant consented, in the agreement, to the application of New York law, he contends, in the instant action, that the Louisiana Deficiency Judgment Act (La.Rev.Stat.Annot. § 13:4106) should apply, since that is the State, where the property is located, and, defendant resides. This Louisiana statute bars a deficiency judgment, where there has not been an appraisal of repossessed property.
We find that the IAS Court was correct in rejecting defendant's argument that Louisiana law should apply, in view of the fact New York Courts honor a contractual designation of a particular State as forum or governing law, so long as there are sufficient contacts with the State named (Gambar Enterprises, Inc. v. Kelly Services, Inc., 69 A.D.2d 297, 303, 418 N.Y.S.2d 818; see also Zerman v. Ball, 735 F.2d 15, 19-20) (2d Cir.) Herein, the IAS Court found that there were such contacts, and, after reviewing the record, we agree.
Significantly, the defendant's contention about the application of Louisiana law was rejected concerning a similar transaction in 600 Grant Street Associates Ltd. Partnership v. Leon-Dielmann Investment Partnership, 681 F.Supp. 1062, 1064 (S.D.N.Y.). In that case, the United States District Court for the Southern District of New York, found sufficient contacts with New York to uphold the parties' choice of law designation. Pursuant to the standard conflict or choice of law analysis, the contractual designation of New York controls (Restatement (Second) of Conflict of Laws, § 187(1), (2...
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