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  5. 70 N.Y.2d 948 (1988)
 

VSL CORP. v. DUNES HOTELS & CASINOS, INC.

70 N.Y.2d 948 (1988)

VSL Corporation, Appellant, v. Dunes Hotels and Casinos, Inc., Respondent.

Court of Appeals of the State of New York.

Decided January 19, 1988.

Attorney(s) appearing for the Case

Andrew L. Deutsch for appellant.

Howard M. Sommers for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the complaint reinstated and the case remitted to the Appellate Division for consideration of issues raised but not passed upon on the appeal to that court.

The Appellate Division acted outside of its authority in sua sponte dismissing the complaint on forum non conveniens grounds. Under CPLR 327 (a) a court may stay or dismiss...

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