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MIRABELLA v. BANCO IND.

43 A.D.2d 489 (1974)

Anthony Mirabella, as Assignee of Franco Gronda and Societe Fiduciaire Romande Ofor, S. A., Appellant, v. Banco Industrial De La Republica Argentina, Formerly Known as Banco De Credito Industrial Argentino, Respondent

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

February 28, 1974.

Attorney(s) appearing for the Case

David A. Botwinik of counsel (Frances B. Bernstein and Terence L. Kelleher with him on the brief; Pavia & Harcourt, attorneys), for appellant.

Mark F. Hughes of counsel (Vincent R. FitzPatrick, Louis A. Craco, Jack David, L. Robert Griffin and Armando T. Belly with him on the brief; Willkie Farr & Gallagher, attorneys), for respondent.

NUNEZ, J. P., MURPHY and TILZER, JJ., concur.

KUPFERMAN, J.

This action for damages for cancellation in 1948 of letters of credit issued by the defendant, allegedly an instrumentality of the Argentine government, in favor of plaintiff's assignor to finance the building of an industrial complex in Argentina, commenced in our jurisdiction by way of an attachment in 1962.

The affirmative defense of the doctrine of forum non conveniens was early...

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