Cortlandt St. Recovery Corp. v. Hellas Telecommunications, No. 13-3325 (2d Cir. 2015)
Annotate this CasePlaintiff, a New York corporation, filed suit attempting to collect money owed to it under defaulted Sub Notes issued by a now-dissolved entity, Hellas. On appeal, plaintiff argued that the district court erred in granting defendantsʹ motion to dismiss its complaint for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). Plaintiff also argued that the district court erred in failing to grant to it the opportunity to cure any standing defect under Fed. R. Civ. P. 17(a)(3). The court affirmed the judgment, concluding that plaintiff has not carried its burden of showing a valid assignment of a claim. Nor has plaintiff pointed to anything in the assignment, or to other evidence in the record, suggesting that title to claims arising under the Sub Notes was assigned to it. Although the court determined that plaintiff did not forfeit its rights under Rule 17, the court concluded that the district courtʹs decision to deny relief under that rule was not an abuse of discretion because neither of the requests made by plaintiff in its effort to cure the standing problem would have been consistent with Rule 17(a)(3). Accordingly, the court affirmed the judgment.
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