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MASHREQBANK v. AHMED HAMAD AL

6917, 6918, 601650/09, 590643/09.

101 A.D.3d 1 (2012)

951 N.Y.S.2d 124

2012 NY Slip Op 6271

MASHREQBANK PSC, Respondent, v. AHMED HAMAD AL GOSAIBI & BROTHERS COMPANY, Appellant. AHMED HAMAD AL GOSAIBI & BROTHERS COMPANY, Third-Party Plaintiff-Appellant, v. MAAN ABDUL WAHEED AL SANEA, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

September 25, 2012.

Attorney(s) appearing for the Case

Lewis Baach PLLC, New York City ( Bruce R. Grace and Eric L. Lewis of counsel), for appellant.

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Carmine D. Boccuzzi , David E. Brodsky , Lisa M. Gouldy and Liana Roza Vitale of counsel), for Mashreqbank PSC, respondent.

Gibson, Dunn & Crutcher LLP, New York City ( Robert F. Serio and Gabriel Herrmann of counsel), for Maan Abdul Waheed Al Sanea, respondent.

ABDUS-SALAAM and MANZANET-DANIELS, JJ., concur with CATTERSON, J.; MAZZARELLI, J.P., and ANDRIAS, J., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

CATTERSON, J.

In these dual actions arising from an alleged Ponzi scheme of global proportions, precedent mandates reversal of the motion court's sua sponte dismissal of the main action on a forum non conveniens ground. Moreover, we find that dismissal of the related third-party action, on notice of motion, on a forum non conveniens ground, was an improvident exercise of the court's discretion...

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