Tayyib Bosque, Corp v. Emily Realty, LLC

Summary

Second Circuit affirmed summary judgment dismissing breach of contract, implied contract, unjust enrichment, quantum meruit, fraud, and veil-piercing claims. Applying New York choice-of-law rules, the court held that New Jersey law governed the broker fee dispute because the properties and business assets were in New Jersey, meetings occurred there, and New Jersey had an interest in regulating the sale of health care facilities within its borders. The broker failed to show he was the "efficient producing cause" of any sale, and his own text messages contradicted the claim that he was entitled to a commission if the deal did not close. Other claims were abandoned on appeal.

Questions Presented

1. Whether the district court correctly applied New Jersey law under New York's choice-of-law rules
2. Whether the district court correctly granted summary judgment on Bosque's breach of contract claim under New Jersey law
3. Whether Bosque abandoned his other common law claims on appeal