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BALANCE RETURN FUND LIMITED v. ROYAL BANK OF CANADA

4708, 600949/09.

83 A.D.3d 429 (2011)

921 N.Y.S.2d 38

BALANCE RETURN FUND LIMITED et al., Respondents, v. ROYAL BANK OF CANADA et al., Appellants.

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

Decided April 5, 2011.

The motion court did not abuse its discretion when it denied defendant's motion to dismiss the complaint on the ground of forum non conveniens (see CPLR 327; Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478-480 [1984], cert denied 469 U.S. 1108 [1985]).

Plaintiffs' allegations that defendants exercised control over the subject "fund of funds" scheme of alternative investments, including the ability to...

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