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Blueye Navigation, Inc. v. Den Norske Bank

Appellate Division of the Supreme Court of New York, First Department
May 13, 1997
239 A.D.2d 192 (N.Y. App. Div. 1997)

Summary

granting motion to dismiss action on forum non conveniens grounds because although one or more of the plaintiffs reside in New York, “[a]ll of the defendants are citizens and residents of a foreign jurisdiction, most of the business dealings in connection with the subject agreement were conducted in London, the agreement itself was executed in London, the parties were to perform in London, the bulk of the witnesses and evidence that defendants would need to defend the action are located in London, the action is governed by English law,” and the action otherwise had no substantial connection to New York

Summary of this case from Sahebdin v. Khelawan

Opinion

May 13, 1997

Appeal from Supreme Court, New York County (Herman Cahn, J.).


We agree with the motion court that although one or more of the plaintiffs reside in New York, the action otherwise has no substantial connection to this State, and should be dismissed on the ground of forum non conveniens. All of the defendants are citizens and residents of a foreign jurisdiction, most of the business dealings in connection with the subject agreement were conducted in London, the agreement itself was executed in London, the parties were to perform in London, the bulk of the witnesses and evidence that defendants would need to defend the action are located in London, the action is governed by English law, and England is an available alternative forum for the action. We would add that the English forum selection clause, which should be interpreted in accordance with English law ( see, Reavis v Exxon Corp., 90 Misc.2d 980, 982-984), also warrants dismissal of the action ( see, Continental Bank v. Aeakos Compania Naviera, 1 WLR 588 [1994]).

Concur — Murphy, P.J., Rosenberger, Wallach, Tom and Andrias, JJ.


Summaries of

Blueye Navigation, Inc. v. Den Norske Bank

Appellate Division of the Supreme Court of New York, First Department
May 13, 1997
239 A.D.2d 192 (N.Y. App. Div. 1997)

granting motion to dismiss action on forum non conveniens grounds because although one or more of the plaintiffs reside in New York, “[a]ll of the defendants are citizens and residents of a foreign jurisdiction, most of the business dealings in connection with the subject agreement were conducted in London, the agreement itself was executed in London, the parties were to perform in London, the bulk of the witnesses and evidence that defendants would need to defend the action are located in London, the action is governed by English law,” and the action otherwise had no substantial connection to New York

Summary of this case from Sahebdin v. Khelawan
Case details for

Blueye Navigation, Inc. v. Den Norske Bank

Case Details

Full title:BLUEYE NAVIGATION, INC., et al., Appellants, v. DEN NORSKE BANK et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 13, 1997

Citations

239 A.D.2d 192 (N.Y. App. Div. 1997)
658 N.Y.S.2d 9

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