VSL Corp. v. Dunes Hotels & Casinos, Inc.

Full title: VSL CORPORATION, Appellant, v. DUNES HOTELS AND CASINOS, INC., Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 19, 1988

70 N.Y.2d 948 (N.Y. 1988)

524 N.Y.S.2d 671

519 N.E.2d 617

Opinion

Decided January 19, 1988

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Carmen Beauchamp Ciparick, J.

Andrew L. Deutsch for appellant.

Howard M. Sommers for respondent.

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.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.