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VARGAS GARMENDIA v. O'NEILL

46 A.D.3d 361 (2007)

847 N.Y.S.2d 563

LUIS VARGAS GARMENDIA et al., Respondents-Appellants, v. BRIAN O'NEILL et al., Appellants-Respondents.

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

Decided December 18, 2007.

Plaintiffs allege that defendants breached their duty under the laws of Uruguay to protect Banco Comercial, one of that country's oldest and largest banks, from fraudulent conduct in which two of its inside directors allegedly engaged, and which drained the bank of its assets precipitating its collapse. The court properly dismissed the action after defendants showed it would be better litigated in Uruguay (see Islamic Republic...

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