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Queens Borough Public Library vs. Sirsi Corporation

The Queens Borough Public Library, one of the largest and busiest libraries in the United States, has filed a major lawsuit against Sirsi Corporation, which currently does business as SirsiDynix. The lawsuits relates to the Library’s procurement of the Horizon library automation system from Dynix Corporation, which was subsequently acquired by Sirsi Corporation. The complaint was filed in the United States District Court Eastern District of New York on July 2, 2009. An initial conference is currently scheduled for November 2, 2009.

The complaint lists 10 demands:

WHEREFORE, the Library demands judgment against Defendants as follows:

  1. With respect to the Library's First Cause of Action against defendant Dynix for breach of contract, awarding the Library compensatory damages against Dynix in the aggregate amount, not less than $5,000,000, plus reasonable attorneys fees, together with accrued and accruing interest, costs, the final amount of which shall be determined at trial;
  2. With respect to the Library's Second Cause of Action against defendants Dynix and Sirsi Holdings for unjust enrichment, awarding the Library compensatory damages against Dynix in the aggregate amount, not less than $5,000,000, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial;
  3. With respect to the Library's Third Cause of Action against defendants Dynix and Sirsi Holdings for breach of the covenant of good faith and fair dealing, awarding the Library compensatory damages in an amount not less than $5,000,000, plus reasonable attorneys fees, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial;
  4. With respect to the Library's Fourth Cause of Action against all Defendants for fraud, awarding the Library compensatory damages against Dynix in an amount of not less than $5,000,000, and punitive damages in an amount not less than $10,000,000, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial;
  5. With respect to the Library's Fifth Cause of Action against all Defendants for violation of New York State General Business Law § 349 awarding the Library (a) damages as provide by law, together with accrued and accruing interest, costs, the final amount of which shall be determined at trial; and (b) reasonable attorneys pursuant to General Business Law § 349(h);
  6. With respect to the Library's Sixth Cause of Action for breach of the Guaranty against defendant Sirsi Holdings, awarding the Library compensatory damages against Sirsi Corp. in an amount of not less than $5,000,000, plus reasonable attorneys fees, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial;
  7. With respect to the Library's Seventh Cause of Action for tortious interference against defendant Sirsi Corp, awarding the Library damages against Sirsi Corp. in an amount of not less than $5,000,000, and punitive damages in an amount not less than $10,000,000, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial;
  8. With respect to the Library's Eighth Cause of Action for fraudulent conveyance against all Defendants, awarding the Library judgment setting aside the fraudulent conveyances of the assets and/or imposing a constructive trust over such assets to satisfy any judgment entered in this action;
  9. With respect to the Library's Ninth Cause of Action for breach of express and implied warranties against defendants Dynix and Sirsi Holdings, awarding the Library compensatory damages in an amount of not less than $5,000,000, together with accrued and accruing interest, costs, fees, the final amount of which shall be determined at trial; and
  10. granting to the Library such other further and/or different relief as to this Court may deem just and proper.

Keep in mind that at this point none of the claims made in the compliant have been proven in any court. While a lawsuit of this magnitude may be interesting news, the real story will happen as it works its way through the legal system.

Oct 3, 2009 18:49:22


Could this be the seminal event leading to more lawsuits from other libraries? While the courts will have to decide if SirsiDynix is in breach of contract, it makes me wonder if any other libraries will view this as a catalyst and pursue their own court decided solution.

Franklin Lester Oct 6, 2009 08:48:47

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