The opinion of the court was delivered by: Sweet, District Judge.
For the reasons set forth below, St. Jean's motion is granted,
and Kunica's motions are denied.
Kunica is a Canadian resident.
St. Jean is a Delaware corporation with a registered address in
Wilmington, Delaware, and principal places of business in New
York, New York and London, England.
According to the complaint, Rogers is a New York resident and
was at all relevant times Director of St. Jean.
Prior Proceedings and Facts
The facts and prior proceedings of this action are set forth in
the prior opinions of the Court, familiarity with which is
assumed. See Kunica v. St. Jean Financial, Inc., 233 B.R. 46
(S.D.N.Y. 1999); Kunica v. St. Jean Financial, Inc., 1998 WL
437153 (S.D.N.Y. August 3, 1998). Those facts and prior
proceedings relevant to the instant motion are set forth below.
Kunica commenced this action in the Supreme Court of the State
of New York, County of New York, by filing a Summons with Notice
on March 27, 1997. On May 23, 1997, the Defendants removed the
case to this Court on diversity grounds. Kunica filed the
Complaint on October 31, 1997.
Defendants filed a motion to dismiss on December 22, 1997.
Kunica then filed an amended complaint (the "First Amended
Complaint") on January 30, 1998, and Defendants withdrew their
motion to dismiss on February 23, 1998 by stipulation.
On March 6, 1998, Defendants filed a motion to dismiss this
action, and to dismiss Kunica's claim for punitive damages. By
Opinion and Order dated August 3, 1998, the Court granted the
motion to dismiss plaintiff's claims as to breach of oral
agreement, fraud and tortious interference with business
relations, and dismissed Kunica's claim for punitive damages.
Plaintiff's claims for breach of written agreement and promissory
estoppel were sustained. See Kunica, 1998 WL 437153.
Defendants filed their motion for summary judgment on October
27, 1998. On April 22, 1999, the Court issued the Opinion
granting summary judgment and dismissing the complaint.
Kunica filed the instant motions on May 17, 1999, and St. Jean
filed its motion to amend the judgment on May 26, 1999.
Submissions were received through June 23, 1999, at which time
the motions were deemed fully submitted.
I. Kunica's Motion for ...