Epstein v. Sirivejkul

Decision Date25 October 1979
Citation422 N.Y.S.2d 658,48 N.Y.2d 738,397 N.E.2d 1326
Parties, 397 N.E.2d 1326 Arthur M. EPSTEIN, Appellant, v. Kosin SIRIVEJKUL et al., Defendants, and Charles E. Brient, Respondent.
CourtNew York Court of Appeals Court of Appeals
Jeffrey Kaplan, Ellenville, for appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In granting the motion to dismiss on the ground of Forum non conveniens, the Appellate Division did not abuse its discretion as a matter of law or in exercising that discretion fail to take into account all the various factors entitled to consideration (Irrigation & Ind. Dev. Corp. v. Indag S. A., 37 N.Y.2d 522, 525, 375 N.Y.S.2d 296, 298, 337 N.E.2d 749, 751).

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur in memorandum.

Order affirmed.

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10 cases
  • Chesley v. Union Carbide Corp.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 25, 1991
    ...707 (1982)); see also Epstein v. Sirivejkul, 64 A.D.2d 216, 409 N.Y.S.2d 438, 439-40 (3d Dep't 1978), aff'd, 48 N.Y.2d 738, 397 N.E.2d 1326, 422 N.Y.S.2d 658 (1979). Exercising ancillary jurisdiction after a foreign court has accepted jurisdiction over the matter creates the potential for t......
  • Ehrlich-Bober & Co., Inc. v. University of Houston, EHRLICH-BOBER
    • United States
    • New York Court of Appeals Court of Appeals
    • April 3, 1980
    ...conclusion that forum non conveniens would not obtain in this case abused its discretion as a matter of law (Epstein v. Sirivejkul, 48 N.Y.2d 738, 422 N.Y.S.2d 658, 397 N.E.2d 1326). We begin our analysis of the principal jurisdictional question by noting that it was long thought that a Sta......
  • Nevader v. Deyo
    • United States
    • New York Supreme Court — Appellate Division
    • May 23, 1985
    ...Ocean Trans. Corp., 78 A.D.2d 623, 432 N.Y.S.2d 703; Epstein v. Sirivejkul, 64 A.D.2d 216, 409 N.Y.S.2d 438, affd. 48 N.Y.2d 738, 422 N.Y.S.2d 658, 397 N.E.2d 1326). However, these factors do not dictate dismissal when weighed against the other factors to be considered where, as here, plain......
  • Silversmith v. Kenosha Auto Transport
    • United States
    • Iowa Supreme Court
    • February 18, 1981
    ...basis of forum non conveniens. Epstein v. Sirivejkul, 64 A.D.2d 216, 218, 409 N.Y.S.2d 438, 439-40 (1978), aff'd, 48 N.Y.2d 738, 422 N.Y.S.2d 658, 397 N.E.2d 1326 (1979) (New York resident brought suit in New York arising out of Ohio automobile accident; because all other parties and witnes......
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