From Casetext: Smarter Legal Research

Hill v. Theodate Coates

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 2010
78 A.D.3d 439 (N.Y. App. Div. 2010)

Opinion

No. 3565.

November 9, 2010.

Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 16, 2009, dismissing the complaint, unanimously affirmed, with costs.

Michael J. Collins, Dallas, TX, for appellant.

Covington Burling, LLP, New York (Andrew D. Schau of counsel), for respondent.

Before: Concur — Gonzalez, J.P., Saxe, Nardelli, Richter and Román, JJ.


New York law was properly applied, once it was determined that the contacts most significant to this dispute took place here ( see Zurich Ins. Co. v Shearson Lehman Hutton, 84 NY2d 309, 317). In particular, the court correctly gave greatest weight to the fact that the most valuable assets of the subject trust are located in New York, and many of those assets are managed here. The fact that the alleged oral agreement was negotiated and entered into in Pennsylvania is merely fortuitous, and not significant to this dispute. The trust was actually formed in Liechtenstein, another factor that is not particularly significant.

Plaintiff alleged that he had entered into an oral agreement that was to last for his lifetime. An agreement must be in writing if, by its terms, it is incapable of being performed within one year from its making or if its performance cannot be completed before the end of a lifetime (General Obligations Law § 5-701 [a] [1].]). Without demonstrating the existence of a valid and enforceable contract, plaintiff was unable to state a claim for tortious interference with contract ( see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424).

The fraud claim was based on plaintiffs alleged contractual right to manage the trust's assets. Since there was no valid agreement, it cannot be said that plaintiff justifiably relied on — or was caused any injury by — any statements made by defendant ( see generally Laub v Faessel, 297 AD2d 28, 31). The misappropriation claim was also properly dismissed because plaintiff has no right or authority under the trust, and thus lacked standing to bring a claim on the trust's behalf.

We have considered plaintiffs remaining contentions and find them unavailing.


Summaries of

Hill v. Theodate Coates

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 2010
78 A.D.3d 439 (N.Y. App. Div. 2010)
Case details for

Hill v. Theodate Coates

Case Details

Full title:Ai. G. HILL, III, Appellant, v. THEODATE COATES, Respondent

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

Date published: Nov 9, 2010

Citations

78 A.D.3d 439 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7991
911 N.Y.S.2d 294

Citing Cases

Peterson v. Trs. of D.C. Univ. in N.Y.

For this reason, Dr. Peterson's tortious interference claim necessarily fails. Hill vCoates, 78 AD3d 439, 439…

Kingston v. N.Y.C. Dep't of Homelessness Services

Even assuming the allegation to be true, such action on the part of the director cannot be said to be…