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SHIN-ETSU CHEM. v. ICICI BANK

9 A.D.3d 171 (2004)

777 N.Y.S.2d 69

SHIN-ETSU CHEMICAL CO., LTD., Respondent, v. ICICI BANK LIMITED, Appellant.

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

May 18, 2004.

Attorney(s) appearing for the Case

Kelley Drye & Warren LLP (Jonathan K. Cooperman and Robert I. Steiner of counsel), for appellant.

Jones Day (Mark S. Mandel and Jennifer W. Cohen of counsel), for respondent.

NARDELLI, J.P., ANDRIAS and LERNER, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the issue of whether Supreme Court, in denying a motion to dismiss on the ground of forum non conveniens, applied the proper standard, where neither party is a New York resident or domiciliary and none of the events giving rise to the lawsuit—an action against the issuer of a letter of credit for payment—occurred in New York, or even in the United States for that matter. Plaintiff is a...

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