Boree v. Kellar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying motion for default judgment because subject matter jurisdiction was lacking and dismissing case without prejudice
• “a plaintiff's allegation regarding the amount in controversy may be overcome by a finding ‘to a legal certainty’ that the amount recoverable does not exceed the jurisdictional minimum amount.”’
• “Because an award of attorneys’ fees is discretionary under [GBL] § 349, the potential for an award of fees under § 349 cannot be used to satisfy the amount in controversy requirement.”
• “[W]hen entry of a default judgment is sought against a party who has failed to plead or otherwise defend, the district court has an affirmative duty to look into its [subject-matter] jurisdiction.” (internal quotation marks omitted)
• “A tort claim that constitutes ‘merely a restatement, albeit in slightly different language, of the ‘implied’ contractual obligations asserted in the cause of action for breach of contract’ is similarly subsumed by the breach of contract claim.”
• “Under New York law, to state a claim for punitive damages arising from a breach of contract, the pleadings must show four elements: ‘(1) defendant’s conduct must be actionable as an independent tort; (2) the tortious conduct must be of [an] egregious nature; (3

Source: CourtListener parenthetical corpus (CC0).