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Karella v. Karella

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 1990
159 A.D.2d 414 (N.Y. App. Div. 1990)

Opinion

March 27, 1990

Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).


Dismissal on the ground of forum non conveniens is addressed to the sound discretion of the court. (Troni v Banca Popolare, 129 A.D.2d 502, 503, lv denied 70 N.Y.2d 605.) Here, the parties were married in Greece, the defendant is a resident of Greece, there is no evidence that the parties resided together in New York for any significant amount of time after the marriage, most of the defendant's assets are in Greece, all of the relevant documents are located in Greece and in the Greek language, and four of the six acts of cruelty alleged in the complaint action took place, if at all, in Greece. The plaintiff has British and Turkish passports, and was born in the United Kingdom. Although there is evidence that she is now a New York resident this does not preclude the court from dismissing the action (supra). Consideration of all of the relevant factors (see, Islamic Republic v Pahlavi, 62 N.Y.2d 474, 478-479, cert denied 469 U.S. 1108) leads to the conclusion that the court properly exercised its discretion in granting dismissal on the ground of forum non conveniens.

We have reviewed plaintiff's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Rosenberger and Smith, JJ.


Summaries of

Karella v. Karella

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 1990
159 A.D.2d 414 (N.Y. App. Div. 1990)
Case details for

Karella v. Karella

Case Details

Full title:KALLIOPE KARELLA, Appellant, v. NICHOLAS T. KARELLA, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 27, 1990

Citations

159 A.D.2d 414 (N.Y. App. Div. 1990)
553 N.Y.S.2d 110

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