action pursuant doctrine in New York

2007The court balanced the appropriate factors and properly exercised its discretion in dismissing the action pursuant to the principle of forum non conveniens (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984]).

2002In any event, the court weighed the appropriate factors and properly exercised its discretion in dismissing this action pursuant to the doctrine of forum non conveniens, the lack of any substantial nexus between this action and New York having been demonstrated, the witnesses, records and transactions at issue being predominantly situated in Brazil (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 479 , cert denied 469 US 1108 ).

2025Although 4 of the 12 plaintiffs are New York residents, the rest are residents of other states, both defendants are foreign entities; and virtually all relevant events occurred in Luxembourg or the United Kingdom — notwithstanding that defendants were represented by New York-based attorneys ( see CK's Supermarket Ltd. v Peak Entertainment Holdings, Inc. , 37 AD3d 348, 348-349 [1st Dept 2007]), that some very limited amount of negotiations took place in New York ( see Kuwaiti Eng'g Group v Consortium of Intl.

2015Furthermore, “the knowledge of [an] agent can be charged to the principal only when clear proof is made that the knowledge was present in the agent’s mind at the time of the transaction which is the subject of consideration by the court” (Slattery v Schwannecke, 118 NY 543, 548 [1890]).

2010In November of 2010, the United States Court of Appeals for the Second Circuit affirmed the decision of the Eastern District Court, stating that “[s]ection 300 does not confer upon Cenzon-DeCarlo a private right of action to enforce its terms.” (Cenzon-DeCarlo v Mount Sinai Hosp., 626 F3d 695, 699 [2010].) The court also found that the plaintiff was not entitled to injunctive relief, stating that “[b]ecause we find no indication of Congressional intent to confer a private right of action, injunctive relief would not be an appropriate remedy here.” (Id.) The District Court declined to exercise

2005Among the factors a court must weigh in determining whether an action should be dismissed on the ground of forum non conveniens are the residency of the parties, the potential hardship to proposed witnesses, the availability of another forum, the situs of the underlying accident, and the burden upon the New York courts, with no one single factor controlling (see Wentzel v Allen Mach., Inc., 277 AD2d 446, 447 [2000]; see also Islamic Republic of Iran, supra).

1984Div., supra, p 367; see, also, Lattimer v Boucher, 189 NJ Super 33). 11 The parties have not addressed the issue of whether the common law of New Jersey will govern the action pursuant to the rule of lex loci delicti, or whether sufficient circumstances exist to apply the common law of New York (see Cousins v Instrument Flyers, 44 NY2d 698 , 699).