105 New York opinions name it 7 courts 1943–2025 17 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Islamic Republic of Iran v. Pahlavigreen2 sentences2025To assess whether to retain jurisdiction under a forum non conveniens analysis, courts will consider and balance an array of factors ( see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984]). 2025To assess whether to retain jurisdiction under a forum non conveniens analysis, courts will consider and balance an array of factors ( see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984]). | 31 | 36 |
Blinder, Robinson & Co. v. Securities & Exchange Commissiongreen2 sentences2025Supreme Court should have dismissed the action under the doctrine of forum non conveniens ( see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]; Phat Tan Nguyen v Banque Indosuez , 19 AD3d 292, 294 [1st Dept 2005], lv denied 6 NY3d 703 [2006]). 2024The doctrine of forum non conveniens, codified in CPLR 327, permits a court to stay or dismiss an action where it finds "that in the interest of substantial justice the action should be heard in another forum." CPLR 327 requires that "balancing of many factors," and the decision to retain jurisdiction over a dispute is within the motion court's discretion ( Al Rushaid v Pictet & Cie , 28 NY3d 316, 332 [2016]; see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]). | 6 | 26 |
National Bank & Trust Co. of North America v. Banco De Vizcayagreen2 sentences2025Pursuant to CPLR 327, which codifies the common-law doctrine of forum non conveniens , a court may "stay or dismiss [an] action in whole or in part on any conditions that may be just" if it finds that "in the interest of substantial justice the action should be heard in another forum" (CPLR 327 [a]; National Bank & Trust Co. of N. Am. v Banco De Vizcaya , 72 NY2d 1005, 1007 [1988] ["The doctrine of forum non conveniens permits a court to dismiss an action when, although it may have jurisdiction over a claim, the court determines that 'in the interest of substantial justice the action should be 2025Pursuant to CPLR 327, which codifies the common-law doctrine of forum non conveniens , a court may "stay or dismiss [an] action in whole or in part on any conditions that may be just" if it finds that "in the interest of substantial justice the action should be heard in another forum" (CPLR 327 [a]; National Bank & Trust Co. of N. Am. v Banco De Vizcaya , 72 NY2d 1005, 1007 [1988] ["The doctrine of forum non conveniens permits a court to dismiss an action when, although it may have jurisdiction over a claim, the court determines that 'in the interest of substantial justice the action should be | 4 | 6 |
Phat Tan Nguyen v. Banque Indosuezgreen2 sentences2025Supreme Court should have dismissed the action under the doctrine of forum non conveniens ( see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]; Phat Tan Nguyen v Banque Indosuez , 19 AD3d 292, 294 [1st Dept 2005], lv denied 6 NY3d 703 [2006]). 2024This action was properly dismissed pursuant to the doctrine of forum non conveniens ( see generally Phat Tan Nguyen v Banque Indosuez , 19 AD3d 292, 294 [1st Dept 2005], lv denied 6 NY3d 703 [2006]). | 4 | 4 |
Elmaliach v. Bank of China Ltd.green2 sentences2020The Covecastles defendants, the only remaining defendants in the case, did not meet their "heavy burden" of establishing that the balance of the forum non conveniens factors points "strongly in [their] favor" ( Elmaliach v Bank of China Ltd. , 110 AD3d 192, 208 [1st Dept 2013]; see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]). 2020The Covecastles defendants, the only remaining defendants in the case, did not meet their "heavy burden" of establishing that the balance of the forum non conveniens factors points "strongly in [their] favor" ( Elmaliach v Bank of China Ltd. , 110 AD3d 192, 208 [1st Dept 2013]; see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]). | 4 | 4 |
Stravalle v. Land Cargo, Inc.green2 sentences2010On a motion to dismiss on the ground of forum non conveniens, the burden is on a defendant challenging the forum to demonstrate relevant private or public interest factors which militate against accepting the litigation (see Islamic Republic of Iran v Pahlavi, 62 NY2d at 479 ; Prestige Brands, Inc. v Hogan & Hartson, LLP, 65 AD3d 1028, 1029 [2009]; Stravalle v Land Cargo, Inc., 39 AD3d 735, 736 [2007]). 2009The domicile or residence in this state of any party to the action shall not preclude the court from staying or dismissing the action.” On a motion to dismiss on the ground of forum non conveniens, the burden is on the movant to demonstrate the relevant private or public interest factors that militate against a New York court’s acceptance of the litigation (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Stravalle v Land Cargo, Inc., 39 AD3d 735, 736 [2007]). | 4 | 4 |
Piper Aircraft Co. v. Reynogreen2 sentences2013We likewise reach that conclusion here, particularly in light of the well-established principle set forth by the United States Supreme Court that the possibility of a change in substantive law, even one that would be less favorable to plaintiffs, “should ordinarily not be given conclusive or even substantial weight” in the scope of a forum non conveniens inquiry (Piper Aircraft Co. v Reyno, 454 US 235, 247 [1981], reh denied 455 US 928 [1982]). 2013We likewise reach that conclusion here, particularly in light of the well-established principle set forth by the United States Supreme Court that the possibility of a change in substantive law, even one that would be less favorable to plaintiffs, “should ordinarily not be given conclusive or even substantial weight” in the scope of a forum non conveniens inquiry (Piper Aircraft Co. v Reyno, 454 US 235, 247 [1981], reh denied 455 US 928 [1982]). | 2 | 9 |
Gulf Oil Corp. v. Gilbertred2 sentences1984In deciding the forum issue, our inquiry is similar to that undertaken in applying the doctrine of forum non conveniens — whether the litigation and the parties have sufficient contact with this State to justify the burdens imposed on our judicial system (see Gulf Oil Corp. v Gilbert, 330 US 501 ; Silver v Great Amer. 1980Supply, 54 AD2d 896 .) Concerning choice of law in a case where the court had jurisdiction by virtue of diversity of citizenship, in invoking the doctrine of forum non conveniens, the Supreme Court of the United States in Gulf Oil Corp. v Gilbert ( 330 US 501, 509 ) stated, with reference to the choice of law by the parties as a persuasive factor in such determination, as follows: "There is an appropriateness, too, in having the trial of a diversity case in a forum that is at home with the state law that must govern the case, rather than having a court in some other forum untangle problems in | 2 | 7 |
Ciesinski v. Town of Auroragreen2 sentences2013To the extent that plaintiffs contend for the first time on their cross appeal that they are entitled to the imposition of additional conditions upon the stay, that contention is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). 2013To the extent that plaintiffs contend for the first time on their cross appeal that they are entitled to the imposition of additional conditions upon the stay, that contention is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). | 2 | 3 |
Martin v. Miethgreen2 sentences2025The doctrine reflects the basic principle that "our courts need not entertain causes of action lacking a [*5]substantial nexus with New York" ( see Martin v Mieth , 35 NY2d 414, 418 [1974]). 2004Founded upon the equitable principles of justice, fairness and convenience, the common-law doctrine of forum non conveniens, as codified in CPLR 327, is a highly flexible concept whereby a court, after considering and balancing certain competing factors, may entertain or decline to entertain jurisdiction over an action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]; Martin v Mieth, 35 NY2d 414, 418 [1974]). | 2 | 2 |
Waterways Limited v. Bar-clays Bank PLCgreen2 sentences2024The defendant bears a heavy burden of demonstrating that New York is not a convenient forum ( Bank Hapoalim [Switzerland] Ltd. v Banca Intesa S.p.A. , 26 AD3d 286, 287 [1st Dept 2006]) and the plaintiff's choice of forum should rarely be disturbed, and only where the balance is strongly in favor of the defendant ( Waterways Ltd. v Barclays Bank PLC , 174 AD2d 324, 327 [1991]). 2024The defendant bears a heavy burden of demonstrating that New York is not a convenient forum ( Bank Hapoalim [Switzerland] Ltd. v Banca Intesa S.p.A. , 26 AD3d 286, 287 [1st Dept 2006]) and the plaintiff's choice of forum should rarely be disturbed, and only where the balance is strongly in favor of the defendant ( Waterways Ltd. v Barclays Bank PLC , 174 AD2d 324, 327 [1991]). | 2 | 2 |
Bank Hapoalim (Switzerland) Ltd. v. Banca Intesa S.P.A.green2 sentences2024The defendant bears a heavy burden of demonstrating that New York is not a convenient forum ( Bank Hapoalim [Switzerland] Ltd. v Banca Intesa S.p.A. , 26 AD3d 286, 287 [1st Dept 2006]) and the plaintiff's choice of forum should rarely be disturbed, and only where the balance is strongly in favor of the defendant ( Waterways Ltd. v Barclays Bank PLC , 174 AD2d 324, 327 [1991]). 2024The defendant bears a heavy burden of demonstrating that New York is not a convenient forum ( Bank Hapoalim [Switzerland] Ltd. v Banca Intesa S.p.A. , 26 AD3d 286, 287 [1st Dept 2006]) and the plaintiff's choice of forum should rarely be disturbed, and only where the balance is strongly in favor of the defendant ( Waterways Ltd. v Barclays Bank PLC , 174 AD2d 324, 327 [1991]). | 2 | 2 |
Sweeney v. Hertz Corp.green2 sentences2024The plaintiff's residence is generally the most significant factor in a forum non conveniens analysis ( Sweeney v Hertz Corp. , 250 AD2d 385, 386 [1st Dept 1998]). 2024The plaintiff's residence is generally the most significant factor in a forum non conveniens analysis ( Sweeney v Hertz Corp. , 250 AD2d 385, 386 [1st Dept 1998]). | 2 | 2 |
Koi Hou Chan v. Yeunggreen2 sentences2024Discussion Forum non conveniens Forum non conveniens is a common-law doctrine that presumes jurisdiction ( Bader & Bader v Ford , 66 AD2d 642, 647 [1st Dept 1979], appeal dismissed 48 NY2d 649 [1979] ["[i]n applying the doctrine of forum non conveniens, . . . the existence of jurisdiction . . . is not dispositive. 1985The common-law doctrine of forum non conveniens, also articulated in CPLR 327, permits a court to stay or dismiss such actions where it is determined that the action, although jurisdictionally sound, would be better adjudicated elsewhere * * * The burden rests upon the defendant challenging the forum to demonstrate relevant private or public interest factors which militate against accepting the litigation (see Piper Aircraft Co. v Reyno, 454 US 235 ; Bader & Bader v Ford, 66 AD2d 642 ) and the court, after considering and balancing the various competing factors, must determine in the exercise | 1 | 8 |
Corines v. Dobsongreen2 sentences1999Further, defendant has substantially delayed in invoking the forum non conveniens doctrine and such a delay, in itself, is a reason for denial of such a motion (see, Anagnostou v Stifel, 204 AD2d 61 ; Bussanich v United States Lines, 74 AD2d 510 ; Corines v Dobson, 135 AD2d 390 ). 1999Further, defendant has substantially delayed in invoking the forum non conveniens doctrine and such a delay, in itself, is a reason for denial of such a motion (s ee, Anagnostou v Stifel, 204 AD2d 61 ; Bussanich v United States Lines, 74 AD2d 510 ; Corines v Dobson, 135 AD2d 390 ). | 1 | 3 |
Broida v. Bancroftgreen2 sentences2013Additionally, the Commercial Division of this court and the federal district courts in this state routinely apply Delaware corporate law when the litigation involves the internal affairs of Delaware companies that do business in New York. “[A] suit which concerns the internal affairs of a foreign corporation should be entertained [in New York] unless the same factors that would lead to dismissal under forum non conveniens principles suggest that New York is an inconvenient forum and that litigation in another forum would better accord with the legitimate interests of the litigants and the publ 1995Applying the traditional forum non conveniens analysis (see, Broida v Bancroft, 103 AD2d 88, 91 ), we conclude that the New York court would be burdened with the task of deciding a dispute with the knowledge that the State of incorporation could decide quite differently, the moving defendants would be burdened with defending in two forums, risking inconsistent decisions and a possible State-by-State evaluation of their actions, and Delaware is an adequate forum, particularly since the IAS Court expressly obviated plaintiff’s concerns that he will be unable to obtain jurisdiction over the movin | 1 | 2 |
Markov v. Markovgreen2 sentences2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 2000It is a discretionary determination which involves a balancing of many factors including, inter alia, the potential hardship to the defendant, the availability of an alternative forum, the residency of the parties and the jurisdiction in which the cause of action arose (see, Islamic Republic v Pahlavi, 62 NY2d 474, 478-479 , cert denied 469 US 1108 ; Markov v Markov, 274 AD2d 870, 871 ). | 1 | 2 |
Allen v. Maraisgreen2 sentences2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 2007The fact that New York may be a more convenient forum is immaterial because defendant’s motion is based on the parties’ contract and not on the doctrine of forum non conveniens (cf. Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 477 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613 [2003]). | 1 | 2 |
| Missouri Ex Rel. Southern Railway Co. v. Mayfieldgreen | 1 | 2 |
| Creditanstalt Investment Bank AG. v. Chadbourne & Parke LLPgreen | 1 | 2 |
| Shepherd Showcase, Inc. v. Pekalagreen | 1 | 2 |
| Rogers v. Guaranty Trust Co.green | 1 | 1 |
| CK's Supermarket Ltd. v. Peak Entertainment Holdings, Inc.green | 1 | 1 |
| Thor Gallery at South DeKalb, LLC v. Reliance Mediaworks (USA) Inc.green | 1 | 1 |
| National Union Fire Insurance Co. of Pittsburgh v. Jordache Enterprises, Inc.green | 1 | 1 |
| Rasheed Al Rushaid v. Pictet & Ciegreen | 1 | 1 |
| Rodriguez Delgado v. Shell Oil Co.green | 1 | 1 |
| Baker v. Cataniagreen | 1 | 1 |
| Prestige Brands, Inc. v. Hogan & Hartson, LLPgreen | 1 | 1 |
| Demenus v. Sylvestergreen | 1 | 1 |
| Rosenberg v. Stikeman Elliott, LLPgreen | 1 | 1 |
| Singh v. Swangreen | 1 | 1 |
| Wentzel v. Allen Machinery, Inc.green | 1 | 1 |
| Intertec Contracting A/S v. Turner Steiner Internationalgreen | 1 | 1 |
| Rokeby-Johnson v. Kentucky Agricultural Energy Corp.green | 1 | 1 |
| Etra v. Mattagreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bata v. Bata
green
2 sentences1978"Among the pertinent factors to be considered and weighed, in applying the doctrine of forum non conveniens, are * * * the burden on the New York courts * * * the unavailability elsewhere of a forum in which plaintiff may obtain effective redress and the extent to which the plaintiff’s interests may otherwise be properly served by pursuing his claim in this State.” (Varkonyi v S. A. Empresa De Viacao Airea Rio Grandense [Varig], 22 NY2d 333, 338 .) (See Bata v Bata, supra; Gulf Oil Corp. v Gilbert, 330 US 501 , and Carey v Southern Peru Copper Corp., 29 AD2d 744 .) In applying the appropriate 1956Whatever the law may have been prior to the publication of the opinion in Bata v. Bata (supra) there can no longer be any doubt that the law now is that our courts may dismiss contract actions, as well as tort actions, under the doctrine of forum non conveniens (p. 56): “ So many of the cases applying the forum non conveniens doctrine are in tort, that it was thought, or held, at one time that only tort cases felt the doctrine’s impact (see Gregonis v. Philadelphia & Reading Coal & Iron Co., 235 N. Y. 152,159 , citing Furbush v. Nye, 17 App. Div. 325 ). | 7 | 1954–1985 |
De La Bouillerie v. De Vienne
green
2 sentences1972The rule enunciated in de la Bouillerie v. de Vienne ( 300 N. Y. 60 ) that if the court has jurisdiction over the parties it lacks the power to dismiss the action on the grounds of forum non conveniens when either the plaintiff or the defendant is a New York resident has given way to a new forum non conveniens doctrine that “ turn[s] on considerations of justice, fairness and convenience, and not solely on the residence of one of the parties ” (Silver v. Great Amer. 1970As the court below indicated, our courts are bound to accept actions for a foreign tort where either plaintiff or defendant is a resident of this State. (de la Bouillerie v. de Vienne, 300 N. Y. 60 .) It has been held that the unavailability elsewhere of a forum in which the plaintiff may obtain effective redress, and the extent to which plaintiff’s interests may otherwise be properly served by pursuing its claim in this -State, are pertinent factors to be considered and weighed in applying the doctrine of forum non conveniens. | 4 | 1960–1972 |
Matter of Maryetta F.
green
2 sentences2025Supreme Court should have dismissed the action under the doctrine of forum non conveniens ( see Islamic Republic of Iran v Pahlavi , 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]; Phat Tan Nguyen v Banque Indosuez , 19 AD3d 292, 294 [1st Dept 2005], lv denied 6 NY3d 703 [2006]). 2024This action was properly dismissed pursuant to the doctrine of forum non conveniens ( see generally Phat Tan Nguyen v Banque Indosuez , 19 AD3d 292, 294 [1st Dept 2005], lv denied 6 NY3d 703 [2006]). | 3 | 2024–2025 |
Bader & Bader v. Ford
neutral
2 sentences2024Discussion Forum non conveniens Forum non conveniens is a common-law doctrine that presumes jurisdiction ( Bader & Bader v Ford , 66 AD2d 642, 647 [1st Dept 1979], appeal dismissed 48 NY2d 649 [1979] ["[i]n applying the doctrine of forum non conveniens, . . . the existence of jurisdiction . . . is not dispositive. 1983Co., 29 NY2d 356, 361 ), the burden of proof is on the party seeking to invoke the doctrine of forum non conveniens (Bader & Bader v Ford, 66 AD2d 642 , app dsmd 48 NY2d 649 ). | 3 | 1983–2024 |
Mesa Petroleum Co. v. Kansas Power & Light Co.
green
2 sentences2013We likewise reach that conclusion here, particularly in light of the well-established principle set forth by the United States Supreme Court that the possibility of a change in substantive law, even one that would be less favorable to plaintiffs, “should ordinarily not be given conclusive or even substantial weight” in the scope of a forum non conveniens inquiry (Piper Aircraft Co. v Reyno, 454 US 235, 247 [1981], reh denied 455 US 928 [1982]). 2013We likewise reach that conclusion here, particularly in light of the well-established principle set forth by the United States Supreme Court that the possibility of a change in substantive law, even one that would be less favorable to plaintiffs, “should ordinarily not be given conclusive or even substantial weight” in the scope of a forum non conveniens inquiry (Piper Aircraft Co. v Reyno, 454 US 235, 247 [1981], reh denied 455 US 928 [1982]). | 3 | 2013–2013 |
National Bank & Trust Co. of North America, Ltd. v. Banco de Vizcaya, S. A.
green
2 sentences2010A court may dismiss an action based on the doctrine of forum non conveniens if it “determines that ‘in the interest of substantial justice the action should be heard in another forum’ ” (National Bank & Trust Co. of N. Am. v Banco De Vizcaya, 72 NY2d 1005, 1007 [1988], cert denied 489 US 1067 [1989], quoting CPLR 327). 2003With regard to whether the petition should be dismissed based upon forum non conveniens, although Supreme Court did not reach this issue, we will do so in the interest of judicial economy. “[T]he doctrine of forum non conveniens ‘permits a court to dismiss an action when, although it may have jurisdiction over a claim, the court determines that “in the interest of substantial justice the action should be heard in another forum” ’ ” (3H Enters. v Bennett, 276 AD2d 965, 966 , lv denied 96 NY2d 710 , quoting National Bank & Trust Co. of N. Am. v Banco De Vizcaya, 72 NY2d 1005, 1007 , cert denied | 3 | 2000–2010 |
Silver v. Great American Insurance
green
2 sentences1984Co., 29 NY2d 356 .) U Although not in any way critical to our decision, we note that cases brought in the Federal courts in New York and Pennsylvania and in the State courts of Pennsylvania, New Jersey, Illinois and California, by similarly situated plaintiffs, were also dismissed by those courts pursuant to the forum non conveniens doctrine and principles of international comity. 1983Co., 29 NY2d 356, 361 ), the burden of proof is on the party seeking to invoke the doctrine of forum non conveniens (Bader & Bader v Ford, 66 AD2d 642 , app dsmd 48 NY2d 649 ). | 3 | 1978–1984 |
Wedemann v. United States Trust Co.
green
2 sentences1983New York’s emphasis on its own interests may also be seen in its limitation of the forum non conveniens doctrine generally to tort actions, apparently because some benefit may be expected to accrue to the State through the use of its courts for property or business related actions (see Wedemann v United States Trust Co. of N. Y., 258 NY 315 ; Wertheim v Clergue, 53 App Div 122, 125-126 ; 35 Cal L Rev 380, 405). . 1956However, it is now clear that the courts have power, in contract and other kinds of property litigation between nonresidents, to decline, as well as to accept, jurisdiction (Wedemann v. United States Trust Co., 258 N. Y. 315 ; Rothstein v. Rothstein, 272 App. Div. 26 , affd. 297 N. Y. 705 , supra; see Gulf Oil Corp. v. Gilbert, 330 U. S. 501, 509 ).” Even before this declaration by the Court of Appeals, the Appellate Division of this department had declared that our courts’ discretion to decline to accept jurisdiction of actions between nonresidents extends to ‘ ‘ transitory contract actions ’ | 3 | 1952–1983 |
Metz v. Davis Polk & Wardwell
neutral
2 sentences2024All of the parties reside outside New York and almost all of them (including most of the plaintiffs) reside outside the country; the central tortious acts occurred outside New York; all relevant documents and witnesses, including defendant's staff are outside New York; foreign law may need to be applied; and Israel has a substantial interest in this dispute, especially given defendant's strong ties to various Israeli government entities and other institutions ( see Metz v Davis Polk & Wardwell , 133 AD3d 501 [1st Dept 2015], lv denied 26 NY3d 919 [2016]; Phat Tan Nguyen , 19 AD3d at 294-295 ). 2024All of the parties reside outside New York and almost all of them (including most of the plaintiffs) reside outside the country; the central tortious acts occurred outside New York; all relevant documents and witnesses, including defendant's staff are outside New York; foreign law may need to be applied; and Israel has a substantial interest in this dispute, especially given defendant's strong ties to various Israeli government entities and other institutions ( see Metz v Davis Polk & Wardwell , 133 AD3d 501 [1st Dept 2015], lv denied 26 NY3d 919 [2016]; Phat Tan Nguyen , 19 AD3d at 294-295 ). | 2 | 2024–2024 |
Rabinowitz v. Devereux Connecticut Glenholme
neutral
2 sentences2022We resolve this issue by analogizing it to the legal framework for the forum non conveniens doctrine. [FN3] Among the factors to consider in determining whether to dismiss an action under this doctrine, with no single factor controlling, are the burden on New York courts, the potential hardship to the defendant, the availability of an alternate forum in which the plaintiff may bring suit, the residency of the parties, the forum in which the cause of action arose, and the extent to which the plaintiff's interests may otherwise be properly served by pursing the claim in New York ( Rabinowitz v D 2022We resolve this issue by analogizing it to the legal framework for the forum non conveniens doctrine. [FN3] Among the factors to consider in determining whether to dismiss an action under this doctrine, with no single factor controlling, are the burden on New York courts, the potential hardship to the defendant, the availability of an alternate forum in which the plaintiff may bring suit, the residency of the parties, the forum in which the cause of action arose, and the extent to which the plaintiff's interests may otherwise be properly served by pursing the claim in New York ( Rabinowitz v D | 2 | 2022–2022 |
Shin-Etsu Chemical Co. v. ICICI Bank Ltd.
green
2 sentences2020Co. v ICICI Bank Ltd. , 9 AD3d 171 , 178 [1st Dept 2004] [citations omitted]). 2014(Shin-Etsu, 9 AD3d at 180 .) Accordingly, it is ordered that defendants Steven Donziger, the Law Offices of Steven R. | 2 | 2014–2020 |
VSL Corp. v. Dunes Hotels & Casinos, Inc.
green
2 sentences2014We said in VSL that under this statute “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” ( 70 NY2d at 949 ). 1988(VSL Corp. v Dunes Hotels & Casinos, 70 NY2d 948 .) Concur— Murphy, P. J., Kupferman, Sullivan, Carro and Milonas, JJ. | 2 | 1988–2014 |
| 3H Enterprises v. Bennett green | 2 | 2003–2010 |
| Ehrlich-Bober & Co. v. University of Houston green | 2 | 1991–2001 |
| Public Administrator v. Odeco, Inc. green | 2 | 1999–1999 |
| Anagnostou v. Stifel green | 2 | 1999–1999 |
| Hanson v. Denckla green | 2 | 1975–1989 |
| Shaffer v. Heitner green | 2 | 1978–1980 |
| Varkonyi v. S. A. Empresa De Viacao Airea Rio Grandense green | 2 | 1977–1978 |
| Cuppy v. . Ward neutral | 2 | 1943–1961 |
| Cuppy v. Ward green | 2 | 1943–1961 |
| Hamm v. Christian Herald Corp. neutral | 2 | 1943–1961 |
| Furbush v. Nye neutral | 2 | 1952–1956 |
| Gregonis v. Philadelphia & Reading Coal & Iron Co. green | 2 | 1952–1956 |
| Rothstein v. Rothstein, Rothstein neutral | 2 | 1952–1956 |
| Syncora Guarantee Inc. v. J.P. Morgan Securities green | 1 | 2024–2024 |
| Chiarizia v. Xtreme Rydz Custom Cycles green | 1 | 2024–2024 |
| Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. green | 1 | 2023–2023 |
| Koteswara Rao Alla v. American University of Antigua neutral | 1 | 2020–2020 |
| In re OxyContin green | 1 | 2009–2009 |
| Alan Lupton Associates, Inc. v. Northeast Plastics, Inc. green | 1 | 2001–2001 |
| Rafter v. Newark Insurance neutral | 1 | 2000–2000 |
| Temple v. Temple neutral | 1 | 1997–1997 |
| Banco Do Commercio e Industria De Sao Paolo S.A. v. Esusa Engenharia e Construcoes S.A. green | 1 | 1997–1997 |
| Hart v. General Motors Corp. green | 1 | 1995–1995 |
| In re Stroll neutral | 1 | 1992–1992 |
| Ahearn v. Burch green | 1 | 1992–1992 |
| Etra v. Matta green | 1 | 1989–1989 |
| Mantei v. Creole Petroleum Corp. green | 1 | 1987–1987 |
| Tanzer v. Turbodyne Corp. green | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.