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WYSER-PRATTE MANAGEMENT CO., INC. v. BABCOCK BORSIG AG.

23 A.D.3d 269 (2005)

808 N.Y.S.2d 3

WYSER-PRATTE MANAGEMENT CO., INC., Appellant, v. BABCOCK BORSIG AG. et al., Defendants, and KLAUS LEDERER et al., Respondents.

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

November 17, 2005.

The motion court incorrectly dismissed the complaint as against defendants TUI and PwC on forum non conveniens grounds without first adjudicating their jurisdictional defenses (see Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478-479 [1984], cert denied 469 U.S. 1108 [1985]; Edelman v Taittinger, S.A., 298 A.D.2d 301 [2002]; Matter of Obregon, 230 A.D...

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