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BELL CONSTRUCTORS, INC. v. EVERGREEN CAISSONS, INC.

236 A.D.2d 859 (1997)

654 N.Y.S.2d 80

Bell Constructors, Inc., Appellant, v. Evergreen Caissons, Inc., Respondent

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

February 7, 1997

Order insofar as appealed from unanimously reversed on the law with costs, cross motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's cross motion to dismiss the complaint on the ground of forum non conveniens (see, CPLR 327). Plaintiff, a New York corporation, alleges in its complaint that defendant, a Colorado corporation, breached its July 1995 agreement to perform...

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