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Legal Opinion · Dissent

Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 2012Published

1Dissent

Andreas, J. (dissenting).

Under the particular circumstances before us, Supreme Court did not exceed its authority and providently exercised its discretion when it dismissed both the action and third-party action on forum non conveniens grounds. Accordingly, I respectfully dissent.

Plaintiff, a United Arab Emirates (UAE) bank, is headquartered in Dubai and has a branch in New York. In 2009, it brought this action against defendant AJimed Hamad Al Gosaibi & Brothers Company (AHAB), a Saudi Arabian general partnership, seeking to recover, under the theories of breach of contract, *14unjust…

2Cases cited14 opinions

  1. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  2. Silver v. Great American InsuranceNew York Court of Appeals · 1972
  3. J. Zeevi & Sons, Ltd. v. Grindlays BankNew York Court of Appeals · 1975
  4. Martin v. MiethNew York Court of Appeals · 1974
  5. Sussman Ex Rel. Guilden v. Bank of IsraelDistrict Court, S.D. New York · 1992

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