Daiwa Special Asset Corp. v. Desnick

2 Citing cases

  1. Solis v. Beacon Assocs. Mgmt. Corp.

    09 Civ. 777 (LBS) (AJP) (S.D.N.Y. Aug. 10, 2011)

    Defendants plead in conclusory terms that the Secretary's claims are barred by the doctrines of estoppel, laches, and unclean hands; "mere recitation of the legal buzzwords, however, will not suffice." Saratoga Harness Racing, Inc. v. Veneglia, No. 94 Civ. 1400, 1997 WL 135946, at *6 (N.D.N.Y. Mar. 18, 1997) (striking defenses of estoppel and laches); Obabueki, 145 F. Supp. 2d at 401 ("Pleading the words 'unclean hands' without more . . . is not a sufficient statement of such defense."); Daiwa Special Asset Corp. v. Desnick, No. 00 Civ. 3856 (SHS), 2002 WL 1997922, at *12 (S.D.N.Y. Aug. 29, 2002) (striking estoppel, laches, and unclean hands defenses on grounds that "mere pleading of the defense . . . without more is insufficient"). Were the Court to permit Defendants to amend their Answers to include the factual allegations contained in their opposition briefs, Defendants do not allege facts that would support an estoppel, laches, or unclean hands defense.

  2. In re Enron Corp.

    292 B.R. 752 (Bankr. S.D.N.Y. 2003)   Cited 15 times
    Holding that where the parties “engaged in arm's length negotiations” and the contract disclaims reliance on information provided by the other party, no claim can be stated for breach of fiduciary duty

    However, the unique circumstances that existed in Bank of China do not exist in this case. As the court in Daiwa Special Asset Corp. v. Desnick, Civ. 00-3856, 2002 WL 1997922, at *10, 2002 U.S. Dist. LEXIS 16164, at *32 (S.D.N.Y. Aug. 29, 2002) explained, so too does this Court conclude:         Assuming arguendo that an implied duty of good faith exists, this Court would still find for HVB.