Legal Opinion
Peters v. Peters
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2012PublishedCited by 9 opinions
1Opinion of the Court
The motion court properly exercised its discretion in finding that the fact of plaintiffs residence in New York is outweighed by the remaining factors under consideration on UBS AG’s motion to dismiss on the ground of forum non conveniens (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]). The transaction out of which the cause of action arose occurred in Switzerland, all the meetings described by plaintiff that involved UBS AG personnel took place in that country, nearly all the nonparty witnesses are there, Swiss law would apply to the claims,…
2Cases cited5 opinions
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Copp v. RamirezAppellate Division of the Supreme Court of the State of New York · 2009
- Magwitch, L.L.C. v. Pusser's Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Mid-Atlantic Residential Investors Ltd. Partnership v. McGuireAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by9 opinions
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- Hanwha Life Insurance v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2015
- Transcan Sys., Inc. v. Seldat Distrib., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- IMAX Corp. v. Essel GroupAppellate Division of the Supreme Court of the State of New York · 2017
- Wang v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2016
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