40 Cited authorities

  1. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 3,994 times   9 Legal Analyses
    Holding that while the need to apply foreign law does not warrant dismissal in itself, it is a factor favoring dismissal
  2. Islamic Republic v. Pahlavi

    62 N.Y.2d 474 (N.Y. 1984)   Cited 642 times   2 Legal Analyses
    Diverging from federal doctrine on whether alternative forum must be available to consider forum non conveniens claims
  3. Schultz v. Boy Scouts of America, Inc.

    65 N.Y.2d 189 (N.Y. 1985)   Cited 593 times
    Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred
  4. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 257 times   6 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"
  5. White Light v. on the Scene

    231 A.D.2d 90 (N.Y. App. Div. 1997)   Cited 173 times
    Holding that dismissal requires that the relief sought in both actions be "the same or substantially the same"
  6. 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.
  7. Shin-Etsu Chem. Co., Ltd. v. Icici Bank Ltd.

    9 A.D.3d 171 (N.Y. App. Div. 2004)   Cited 104 times   1 Legal Analyses

    3033. May 18, 2004. APPEAL from an order of the Supreme Court, New York County (Ira Gammerman, J.), entered August 11, 2003. The order denied defendant's motion to dismiss the complaint for forum non conveniens and granted plaintiff's cross motion for summary judgment. Kelley Drye Warren LLP ( Jonathan K. Cooperman and Robert I. Steiner of counsel), for appellant. Jones Day ( Mark S. Mandel and Jennifer W. Cohen of counsel), for respondent. Before: NARDELLI, J.P., ANDRIAS and LERNER, JJ., concur

  8. Watts v. Swiss Bank Corp.

    27 N.Y.2d 270 (N.Y. 1970)   Cited 222 times
    Holding that privity "includes those who are successors to a property interest . . . those whose interests are represented by a party to the action"
  9. Indosuez Intl. Finance B.V. v. Nat. Reserve Bank

    98 N.Y.2d 238 (N.Y. 2002)   Cited 77 times
    Finding that New York is "the place of performance because the affected party is to be paid through [New York bank]"
  10. Nguyen v. Indosuez

    19 A.D.3d 292 (N.Y. App. Div. 2005)   Cited 57 times

    5412, 5413. June 28, 2005. Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about November 10, 2003, which, to the extent appealed from, denied defendant Credit Agricole Indosuez's motion to dismiss the complaint on the grounds of forum non conveniens, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly. Appeal from order, same court