20 Cited authorities

Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,738 times 11 Legal Analyses
Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"
Kirschner v. KPMG LLP
2010 N.Y. Slip Op. 7415 (N.Y. 2010) Cited 315 times 8 Legal Analyses
Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"
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
Schultz v. Boy Scouts of America, Inc.
65 N.Y.2d 189 (N.Y. 1985) Cited 638 times 1 Legal Analyses
Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred
Licci v. Lebanese Canadian Bank, SAL
2012 N.Y. Slip Op. 7854 (N.Y. 2012) Cited 260 times 6 Legal Analyses
Holding that "a foreign bank's repeated use of a correspondent account in New York on behalf of a client ... show purposeful availment" sufficient to meet the transacting-business prong of New York's long-arm statute
Shin-Etsu Chem. Co., Ltd. v. Icici Bank Ltd.
9 A.D.3d 171 (N.Y. App. Div. 2004) Cited 122 times 1 Legal Analyses
Finding that India has a "keen() interest() in governing the affairs of its financial institutions to insure uniformity and consistency in the processing of financial transactions and in the interpretation of . . . banking statutes and laws"
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.
Ehrlich-Bober v. University
49 N.Y.2d 574 (N.Y. 1980) Cited 139 times 2 Legal Analyses
Upholding personal jurisdiction over defendant public university located in Texas based upon use of a correspondent bank in New York to carry out a transaction with plaintiff New York securities dealer where other contacts existed—i.e., the disputed “reverse repurchase” agreements involved phone calls and visits to plaintiff's office in New York, and the placing of a securities order and delivery and payment in that office
World Point v. Credito
225 A.D.2d 153 (N.Y. App. Div. 1996) Cited 58 times
Concluding the motion court improvidently retained the action while an action was pending on the same claims in Italy
Zeevi v. Grindlays Bank
37 N.Y.2d 220 (N.Y. 1975) Cited 111 times
Holding that New York law governed where payment was to be rendered in New York and New York was locus of repudiation

Mashreqbank PSC, Appellant,v.Ahmed Hamad A1 Gosaibi & Brothers Company, Respondent.---------------------------------Ahmed Hamad Al Gosaibi & Brothers Company, Third-Party Respondent, v. Maan Abdul Waheed Al Sanea, Third-Party Appellant, Awal Bank BSC, Third-Party Defendant.

20 Cited authorities

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"

Diverging from federal doctrine on whether alternative forum must be available to consider forum non conveniens claims

Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred

Holding that "a foreign bank's repeated use of a correspondent account in New York on behalf of a client ... show purposeful availment" sufficient to meet the transacting-business prong of New York's long-arm statute

Finding that India has a "keen() interest() in governing the affairs of its financial institutions to insure uniformity and consistency in the processing of financial transactions and in the interpretation of . . . banking statutes and laws"

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.

Concluding the motion court improvidently retained the action while an action was pending on the same claims in Italy

Holding that New York law governed where payment was to be rendered in New York and New York was locus of repudiation