In Mashreqbank PSC v Ahmad Hamad Al Gosaibi & Bros. Co. (101 AD3d 1 [1st Dept 2012]), AHAB asserted counterclaims against the plaintiff and also commenced a third-party action.
Further, “although no formal motion was made to dismiss the [main action] on the ground of forum non conveniens, the doctrine was raised before the court, and the parties contested the matter” (Matter of Smith v. Miller, 237 A.D.2d 294, 295, 654 N.Y.S.2d 167 [1997] ).
