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MASHREQBANK PSC v. AHMED CO.

No. 54.

23 N.Y.3d 129 (2014)

12 N.E.3d 456

989 N.Y.S.2d 458

2014 NY Slip Op 2381

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

Court of Appeals of New York.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Carmine D. Boccuzzi , David E. Brodsky , Liana Roza Vitale and Danielle J. Levine of counsel), for appellant.

Gibson, Dunn & Crutcher LLP, New York City ( Robert F Serio , Gabriel Herrmann and Christopher Muller of counsel), for third-party defendant-appellant.

Lewis Baach PLLC, Washington, D.C. ( Bruce R. Grace and Eric L. Lewis of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

We held in VSL Corp. v Dunes Hotels & Casinos (70 N.Y.2d 948 [1988]) that it was error for the Appellate Division to dismiss a complaint sua sponte on forum non conveniens grounds, adding that such a dismissal may occur "only upon the motion of a party" (id. at 949). Here, though no party formally moved to dismiss plaintiff's complaint because of the inconvenience of the...

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