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Morley v. Morley

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1993
191 A.D.2d 372 (N.Y. App. Div. 1993)

Opinion

March 25, 1993

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


It was a proper exercise of discretion for the IAS Court to dismiss the action on the ground that substantial justice warrants that it be heard before a French tribunal (see, National Bank Trust Co. v. Banco De Vizcaya, 72 N.Y.2d 1005, cert denied 489 U.S. 1067). The parties reside in France, the testimony of the only non-party witness (who will likely be unable to testify because of his age and ill health) has been preserved by deposition. The subject matter of the action is merely the proceeds from the 1985 sale of the parties' home which have been deposited in a bank in France and does not concern the disposition of real property in this State. There is a pending divorce action in France, and relief is available in a French forum.

We have considered plaintiff's other contentions and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Wallach and Ross, JJ.


Summaries of

Morley v. Morley

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1993
191 A.D.2d 372 (N.Y. App. Div. 1993)
Case details for

Morley v. Morley

Case Details

Full title:ROGER MORLEY, Appellant, v. BARBARA A. MORLEY, Respondent

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

Date published: Mar 25, 1993

Citations

191 A.D.2d 372 (N.Y. App. Div. 1993)
595 N.Y.S.2d 200

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