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Posts Categorized: Forum Non Conveniens

Posted: September 16, 2019

General Obligations Law 5-1402 Bars Forum Non Conveniens Motion

On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2019 NY Slip Op. 32623(U), holding that GOL 5-1402 barred a forum non conveniens motion, explaining: When the court finds that in the interest of substantial justice the action... Read more »

Posted: August 16, 2019

Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum

On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman Sachs Group, Inc., 2019 NY Slip Op. 06052, holding that dismissal on forum non conveniens grounds does not require the existence of an alternative forum, explaining: The action was properly dismissed on forum non conveniens grounds, given... Read more »

Posted: August 11, 2019

Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds

On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 06053, holding that a court need not determine whether it has personal jurisdiction over a defendant before dismissing an action on forum non conveniens grounds, explaining: The motion court properly dismissed this action on forum non... Read more »

Posted: June 8, 2019

Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum

On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 04328, holding that notwithstanding the alleged participation of New York parties in a fraud, New York as an inconvenient forum, explaining: The court correctly dismissed the complaint on grounds of forum non conveniens. The court properly balanced... Read more »

Posted: March 20, 2019

Court Grants Forum Non Conveniens Motion

On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Fernie v. Wincrest Capital Ltd., 2019 NY Slip Op. 30510(U), granting a forum non conveniens dismissal, explaining: Ordinarily, nonresidents are permitted to enter New York courts to litigate their disputes as a matter of comity. However, the common-law doctrine... Read more »

Posted: April 13, 2018

New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China

On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2018 NY Slip Op. 02415, holding that an action should not have been dismissed on forum non conveniens grounds despite its having a much stronger connection of China, explaining: Defendant failed to meet the... Read more »

Posted: November 12, 2017

Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues

On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Estate of Kainer v. UBS AG, a Swiss Corp., 2017 NY Slip Op. 32316(U), deciding a forum non conveniens motion without first determining whether the court had jurisdiction over the moving defendant, explaining: As a threshold matter, the... Read more »

Posted: July 28, 2017

Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action

On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Wantickets RDM, LLC v. Eventbrite, Inc., 2017 NY Slip Op. 31548(U), refusing to dismiss a New York action in favor of a later-filed California action, explaining: Eventbrite’s contention that Wantickets’ claims should be litigated in California is uncompelling.... Read more »

Posted: July 17, 2017

Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument

On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Energy Services, Inc., 2017 NY Slip Op. 05686, holding that a New York forum selection clause precluded consideration of a forum non conveniens argument, explaining: Plaintiff and defendant ARC entered into a services agreement which included an explicit choice... Read more »