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ERBACH FIN. CORP. v. ROYAL BANK OF CANADA

199 A.D.2d 87 (1993)

605 N.Y.S.2d 52

Erbach Finance Corporation, Plaintiff, v. Royal Bank of Canada et al., Defendants and Third-Party Plaintiffs-Respondents. Banque Paribas, Third-Party Defendant-Appellant

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

December 14, 1993

Paribas has failed to sustain its burden of demonstrating that defendants and third-party plaintiffs must resort to the procedures outlined in the Hague Convention for discovery purposes (see, Haynes v Kleinwefers, 119 FRD 335, 337, citing Societe Nationale Industrielle Aerospatiale v United States Dist. Ct., 482 U.S. 522). The facts establish that: Paribas expressly agreed to be governed by the laws of New York; the only...

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