Legal Opinion

Rakuten Bank, Ltd. v. Royal Bank of Canada

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

Decided February 9, 2016No. 182 652057/13Published

1Opinion of the Court

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered on or about January 26, 2015, which, among other things, granted defendants’ motion to dismiss the complaint on the basis of forum non conveniens, unanimously affirmed, without costs.

In the complaint, plaintiff alleges that defendants fraudulently induced it to purchase certain notes by misrepresenting the credit quality of the notes and their underlying collateral. The motion court weighed the relevant factors and providently exercised its discretion in determining that the action lacks a substantial New York nexus (see…

2Cases cited2 opinions

  1. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  2. Hong Leong Fin. Ltd. (Singapore) v. Morgan StanleyAppellate Division of the Supreme Court of the State of New York · 2015

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