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BANK HAPOALIM (SWITZERLAND) LTD. v. BANCA INTESA S.P.A.

26 A.D.3d 286 (2006)

810 N.Y.S.2d 172

BANK HAPOALIM (SWITZERLAND) LTD., Appellant, v. BANCA INTESA S.P.A., Respondent.

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

February 28, 2006.

"The burden rests upon the defendant challenging the forum to demonstrate relevant private or public interest factors which militate against accepting the litigation" (Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, 479 [1984], cert denied 469 U.S. 1108 [1985]). Among the factors to be considered are the burden on the New York courts, the potential hardship to the defendant, and the unavailability of an alternative forum...

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