Legal Opinion
Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.
New York Court of Appeals
Decided April 8, 2014PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We held in VSL Corp. v Dunes Hotels & Casinos (70 NY2d 948 [1988]) that it was error for the Appellate Division to dismiss a complaint sua sponte on forum non conveniens grounds, adding that such a dismissal may occur “only upon the motion of a party” (id. at 949). Here, though no party formally moved to dismiss plaintiffs complaint because of the inconvenience of the forum, the issue was briefed and argued at Supreme Court. We hold that VSL did not bar the court from dismissing the complaint under these circumstances. We also hold that, on this record, Supreme…
2Cases cited8 opinions
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- J. Zeevi & Sons, Ltd. v. Grindlays BankNew York Court of Appeals · 1975
- Edwards v. Erie Coach Lines Co.New York Court of Appeals · 2011
- VSL Corp. v. Dunes Hotels & Casinos, Inc.New York Court of Appeals · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bluewaters Communications Holdings, LLC v. EcclestoneAppellate Division of the Supreme Court of the State of New York · 2014
- Norex Petroleum Ltd. v. BlavatnikAppellate Division of the Supreme Court of the State of New York · 2017
- CeltixConnect Equity Invs. LLC v. Sea Fibre Network LtdNew York Supreme Court · 2016
- Coelho v. Grafe Auction Co.Appellate Division of the Supreme Court of the State of New York · 2015
- Confederación Sudamericana de Fútbol v. International Soccer Mktg., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
9 more not listed; retrieve them via the Exa API.