News Ltd. v. Australis Holdings Pty. Ltd.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 22, 2000, which, to the extent appealed from as limited by the brief, denied the News parties’ cross motion pursuant to CPLR 327 to dismiss the existing and proposed counterclaims and third-party claims on grounds of forum non conveniens, unanimously affirmed, with costs.

The motion court properly exercised its discretion in declining to dismiss the existing and proposed counterclaims and third-party claims on the grounds of forum non conveniens. Since News Limited commenced the initial breach of indenture action in…