Dewey Ballantine LLP v. Philippine National Bank

Appeal from order, Supreme Court, New York County (Marilyn Shafer, J.), entered October 2, 2002, which, in an action to recover a legal fee, granted plaintiffs motion to renew, and, upon renewal, adhered to a prior order which granted defendant’s motion to dismiss the complaint on the ground of forum non conveniens on condition that defendant stipulate to the jurisdiction of the Philippine courts and waive any statute of limitations defenses, unanimously dismissed as untimely, with costs against plaintiff payable to defendant.

The appeal must be dismissed because of plaintiffs failure to serve…