Court of Appeals of New York

In a suit by a New York branch of a German reinsurance corporation against U.K.-based entities engaged in the business of providing retrocessionary reinsurance, asserting a claim under New York State's antitrust statute, the Appellate Division's ruling in favor of the plaintiff on a CPLR 3211 motion to dismiss is reversed, where: 1) the complaint did not allege the defendants' capacity to inflict market-wide anticompetitive injury; and 2) a close nexus between the conspiracy and injury to competition in New York was not discernible from the complaint.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Kevin J. Arquit, Edward P. Krugman