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VSL Corp. v. Dunes Hotels & Casinos, Inc.

Court of Appeals of the State of New York
Jan 19, 1988
70 N.Y.2d 948 (N.Y. 1988)
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Summary

holding that "a court does not have the authority to invoke the doctrine [of forum non conveniens] on its own motion"

Summary of this case from Urquhart v. Simmons
See 2 Summaries

Opinion

Decided January 19, 1988

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Carmen Beauchamp Ciparick, J.

Andrew L. Deutsch for appellant.

Howard M. Sommers for respondent.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the complaint reinstated and the case remitted to the Appellate Division for consideration of issues raised but not passed upon on the appeal to that court.

The Appellate Division acted outside of its authority in sua sponte dismissing the complaint on forum non conveniens grounds. Under CPLR 327 (a) 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.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.

Summaries of

VSL Corp. v. Dunes Hotels & Casinos, Inc.

Court of Appeals of the State of New York
Jan 19, 1988
70 N.Y.2d 948 (N.Y. 1988)

holding that "a court does not have the authority to invoke the doctrine [of forum non conveniens] on its own motion"

Summary of this case from Urquhart v. Simmons

In VSL Corp. v. Dunes Hotels & Casinos, 70 N.Y.2d 948, 524 N.Y.S.2d 671, 519 N.E.2d 617 (1988), the Court of Appeals reversed this Court's sua sponte dismissal of an action concerning construction in Las Vegas. The dispute was between California and Nevada corporations. A New York corporation provided a financial guarantee, and resolution of the dispute required an interpretation of Nevada law.

Summary of this case from Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.
Case details for

VSL Corp. v. Dunes Hotels & Casinos, Inc.

Case Details

Full title:VSL CORPORATION, Appellant, v. DUNES HOTELS AND CASINOS, INC., Respondent

Court:Court of Appeals of the State of New York

Date published: Jan 19, 1988

Citations

70 N.Y.2d 948 (N.Y. 1988)
524 N.Y.S.2d 671
519 N.E.2d 617

Citing Cases

Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.

SMITH, J. We held in VSL Corp. v. Dunes Hotels & Casinos, 70 N.Y.2d 948, 524 N.Y.S.2d 671, 519 N.E.2d 617…

Mashreqbank PSC v. Ahmed Hamad A1 Gosaibi & Bros. Co.

OPINION OF THE COURTSMITH, J. We held in VSL Corp. v. Dunes Hotels & Casinos, 70 N.Y.2d 948, 524 N.Y.S.2d…

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