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Thomas Boyle, et al., Appellants,v.Starwood Hotels & Resorts Worldwide, Inc., Respondent.

Brief

29 Cited authorities

  1. Schmertz v. Nassau County Board of Supervisors

    469 U.S. 1108 (1985)   Cited 485 times   2 Legal Analyses
    Holding that section 11708 of the Act provides the only basis for private enforcement of the Act

  2. Islamic Republic v. Pahlavi

    62 N.Y.2d 474 (N.Y. 1984)   Cited 707 times   2 Legal Analyses
    Diverging from federal doctrine on whether alternative forum must be available to consider forum non conveniens claims

  3. Silver v. Great Amer. Ins. Co.

    29 N.Y.2d 356 (N.Y. 1972)   Cited 292 times
    In Silver v. Great American Insurance Co., 29 N.Y.2d 356, 328 N.Y.S.2d 398, 278 N.E.2d 619 (1972), the New York Court of Appeals relaxed its previous strict requirement prohibiting the doctrine of forum non conveniens from being invoked if one of the parties was a resident of that state.

  4. Banco Ambrosiano v. Artoc Bank

    62 N.Y.2d 65 (N.Y. 1984)   Cited 169 times   1 Legal Analyses
    Finding sufficient contacts to support personal jurisdiction based on foreign defendant's consent to be paid in United States dollars put into a New York account and on prior routine conduct of exchange deals

  5. Anagnostou v. Stifel

    204 A.D.2d 61 (N.Y. App. Div. 1994)   Cited 87 times

    May 3, 1994 Appeal from the Supreme Court, New York County (Myriam J. Altman, J.). Generally, "'unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed'" (Waterways Ltd. v. Barclays Bank, 174 A.D.2d 324, 327, quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508). In this case, contrary to the IAS Court, we find that defendants did not meet their heavy burden of demonstrating that plaintiffs' selection of New York as the forum for the within

  6. Intertec Contr. A/S v. Turner Steiner Intl., S.A.

    6 A.D.3d 1 (N.Y. App. Div. 2004)   Cited 45 times

    2878, 2878A. Decided March 16, 2004. Plaintiffs appeal from an order of the Supreme Court, New York County (Richard Lowe, III, J.), entered on or about August 6, 2002, which granted defendants' motion to dismiss the action on the ground of forum non conveniens, and from an order, same court and Justice, entered November 25, 2002, which, to the extent appealable, denied plaintiffs' motion to renew. Stephanie E. Kupferman, of counsel (Theodore R. Kupferman, Edward K. Lenci and P. Jay Wilker, on the

  7. Banco Nacional v. Chan

    169 Misc. 2d 182 (N.Y. Sup. Ct. 1996)   Cited 43 times   1 Legal Analyses
    In Banco, personal jurisdiction under CPLR § 302(a)(2) was sought over non-resident investment companies for their alleged acts of conversion.

  8. Yoshida Printing Co. v. Aiba

    213 A.D.2d 275 (N.Y. App. Div. 1995)   Cited 41 times

    March 21, 1995 Appeal from the Supreme Court, New York County (Leland DeGrasse, J.). Defendant failed to meet the heavy burden of demonstrating that plaintiff's selection of New York is not in the interest of substantial justice (CPLR 327; Anagnostou v. Stifel, 204 A.D.2d 61, citing Banco Ambrosiano v. Artoc Bank Trust, 62 N.Y.2d 65, 74). Neither the fact that plaintiff is a Japanese corporation, whose witnesses may speak Japanese, nor the potential necessity of applying Japanese law, renders New

  9. Mionis v. Bank Julius Baer & Co.

    9 A.D.3d 280 (N.Y. App. Div. 2004)   Cited 26 times
    Denying a motion to dismiss a case for forum non conveniens in part because the defendant foreign company had a New York branch

  10. In re Miller

    76 A.D.3d 1019 (N.Y. App. Div. 2010)   Cited 18 times

    No. 2009-02849. September 21, 2010. In actions to recover damages for personal injuries, etc., which were joined for discovery, the defendants appeal from an order of the Supreme Court, Richmond County (Maltese, J.), dated February 10, 2009, which denied their motion pursuant to CPLR 327 (a) to dismiss the complaints of those plaintiffs who reside outside of New York State on the ground of forum non conveniens. Chadbourne Parke LLP, New York, N.Y. (Donald I. Strauber, Mary T. Yelenick, Phoebe A.