Legal Opinion

Coelho v. Grafe Auction Co.

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

Decided May 28, 2015No. 15254 654404/13Published

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about July 28, 2014, which denied defendants’ motion to dismiss pursuant to CPLR 327, unanimously affirmed, with costs.

Contrary to defendants’ contention, this is not “one of the relatively uncommon [cases] in which dismissal on forum non conveniens grounds is required as a matter of law” (Mashreqbank PSC v Ahmed Hamad Al Gosaibi & Bros. Co., 23 NY3d 129, 138 [2014]). Rather, it is a standard case where “[t]he application of . . . forum non conveniens is a matter of discretion to be exercised by the trial…

2Cases cited4 opinions

  1. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  2. Lawati v. Montague Morgan Slade Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Elmaliach v. Bank of China Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.New York Court of Appeals · 2014

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