EXCESS INSURANCE COMPANY v. FACTORY MUTUAL INSURANCE COMPANY


285 A.D.2d 351 (2001)

726 N.Y.S.2d 666

EXCESS INSURANCE COMPANY et al., Appellants, v. FACTORY MUTUAL INSURANCE COMPANY, Respondent.

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

Decided July 5, 2001.


Given the fact that, for four years, the parties, by agreement, tried an identical action to judgment in favor of plaintiffs (later dismissed for lack of diversity jurisdiction) in the United States District Court for the Southern District of New York, literally across the street from the New York County Courthouse, it was improvident to dismiss this action on forum non conveniens grounds. Despite the dispute's limited contacts with New York and defendant's disputed claims...

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