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ZISKA v. BANK OF AMERICA, N.A.

8349, 101674/12.

99 A.D.3d 602 (2012)

952 N.Y.S.2d 445

2012 NY Slip Op 7066

JAMES A. ZISKA et al., Appellants, v. BANK OF AMERICA, N.A., et al., Respondents.

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

October 23, 2012.

The court providently exercised its discretion in dismissing the action, given that plaintiffs' tort and breach of contract claims are based on real property located in California, the claims lack a substantial nexus to New York, California law governs the claims, and the documentary evidence and witnesses are primarily located in California and states other than New York (see Islamic Republic of Iran v Pahlavi,

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