MOLLENDO EQUIP. CO., INC. v. SEKISAN TRADING CO., LTD.


43 N.Y.2d 916 (1978)

Mollendo Equipment Co., Inc., Appellant, v. Sekisan Trading Co., Ltd., Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1978.


Attorney(s) appearing for the Case

Louis C. Jones and Nicholas M. Cherot for appellant.

Benjamin E. Haller and John P. Love for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order affirmed, with costs. As the pleadings and affidavits were framed, the Appellate Division was entitled to find, as it did, that New York is an inconvenient forum for this litigation. It would also have been entitled to find otherwise, especially since any forum would have been inconvenient for court and parties. But the Appellate Division has been granted considerable discretion in this area, and, on the...

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