Ziska v. Bank of America, N.A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*603The court providently exercised its discretion in dismissing the action, given that plaintiffs’ tort and breach of contract claims are based on real property located in California, the claims lack a substantial nexus to New York, California law governs the claims, and the documentary evidence and witnesses are primarily located in California and states other than New York (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]). That defendants may have business locations in New York, and that plaintiffs’ note and deed of trust were eventually…
2Cases cited3 opinions
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Shin-Etsu Chemical Co. v. ICICI Bank Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Avery v. Pfizer, Inc.Appellate Division of the Supreme Court of the State of New York · 2009