VANDASHIELD LTD v. ISAACSON

570277/15.

146 A.D.3d 552 (2017)

2017 NY Slip Op 00259

46 N.Y.S.3d 18

VANDASHIELD LTD et al., Respondents-Appellants, v. MARK ISAACSON et al., Appellants-Respondents, ANTHONY HILTON, Nonparty Appellant.

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

Decided January 17, 2017.


With respect to dismissal of the entire action, the motion court considered the factors relevant on a forum non conveniens motion and providently exercised its discretion in ruling that the action should proceed in New York rather than South Africa (see Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 479 [1984], cert denied 469 U.S. 1108 [1985]).

The business judgment rule does not avail defendants since plaintiffs...

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