25 Cited authorities

  1. Islamic Republic v. Pahlavi

    62 N.Y.2d 474 (N.Y. 1984)   Cited 641 times   2 Legal Analyses
    Diverging from federal doctrine on whether alternative forum must be available to consider forum non conveniens claims
  2. Silver v. Great Amer. Ins. Co.

    29 N.Y.2d 356 (N.Y. 1972)   Cited 282 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.
  3. Banco Ambrosiano v. Artoc Bank

    62 N.Y.2d 65 (N.Y. 1984)   Cited 167 times
    In Banco Ambrosiano v. Artoc Bank & Trust, 62 N.Y.2d 65, 476 N.Y.S.2d 64, 464 N.E.2d 432 (1984), a decision applying due process standards rather than the long-arm statute, the Court of Appeals upheld the exercise of quasi-in-rem jurisdiction over a Bahamian bank based upon its use of a correspondent account in New York to conduct a loan transaction with the plaintiff, id. at 72–73, 476 N.Y.S.2d at 67–68, 464 N.E.2d at 435–36.
  4. Bank Hapoalim v. Banca Intesa S.P.A

    26 A.D.3d 286 (N.Y. App. Div. 2006)   Cited 63 times

    7447, 7448. February 28, 2006. Order, Supreme Court, New York County (Herman Cahn, J.), entered February 4, 2005, which granted defendant's motion to dismiss the complaint on the grounds of forum non conveniens, unanimously reversed, on the law, with costs, the motion denied and the complaint reinstated. Appeal from order, same court and Justice, entered June 13, 2005, denying plaintiff's motion to renew, unanimously dismissed, without costs, as academic in view of the foregoing. Otterbourg, Steindler

  5. Anagnostou v. Stifel

    204 A.D.2d 61 (N.Y. App. Div. 1994)   Cited 77 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. Zeevi v. Grindlays Bank

    37 N.Y.2d 220 (N.Y. 1975)   Cited 109 times
    Holding that New York law governed where payment was to be rendered in New York and New York was locus of repudiation
  7. Intertec Contr. A/S v. Turner Steiner Intl., S.A.

    6 A.D.3d 1 (N.Y. App. Div. 2004)   Cited 42 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

  8. Banco Nacional v. Chan

    169 Misc. 2d 182 (N.Y. Sup. Ct. 1996)   Cited 37 times
    In Banco Nacional Ultramarino, the defendant, a Nigerian company, maintained a New York City bank account. From overseas, the defendant directed the bank to transfer the monies in question in the lawsuit.
  9. Yoshida Printing Co. v. Aiba

    213 A.D.2d 275 (N.Y. App. Div. 1995)   Cited 37 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

  10. Mionis v. Bank Julius Baer & Co.

    9 A.D.3d 280 (N.Y. App. Div. 2004)   Cited 24 times
    Denying a motion to dismiss a case for forum non conveniens in part because the defendant foreign company had a New York branch