Legal Opinion
VSL Corp. v. Dunes Hotels & Casinos, Inc.
New York Court of Appeals
Decided January 19, 1988PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, the complaint reinstated and the case remitted to the Appellate Division for consideration of issues raised but not passed upon on the appeal to that court.
The Appellate Division acted outside of its authority in sua sponte dismissing the complaint on forum non conveniens grounds. Under CPLR 327 (a) a court may stay or dismiss an action in whole or in part on forum non conveniens grounds only upon the motion of a party; a court does not have the authority to invoke the doctrine on its own motion.
2Cited by19 opinions
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- Urquhart v. SimmonsCourt of Appeals of Maryland · 1995
- Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.New York Court of Appeals · 2014
- Stevens v. BlevinsSupreme Court of Oklahoma · 1995
- Todtman, Young, Tunick, Nachamie, Hendler, Spizz & Drogin, P. C. v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1997
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