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THOR GALLERY AT SOUTH DEKALB, LLC, v. RELIANCE MEDIAWORKS (USA) INC.

15475, 654003/13

131 A.D.3d 431 (2015)

15 N.Y.S.3d 766

2015 NY Slip Op 06644

THOR GALLERY AT SOUTH DEKALB, LLC, Appellant, v. RELIANCE MEDIAWORKS (USA) INC., Formerly Known as ADLABS FILMS USA, INC., Respondent.

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

Decided August 25, 2015.

The motion court properly exercised its discretion in considering defendant guarantor's forum non conveniens motion before plaintiff landlord's summary judgment motion, since the former required a determination regarding whether or not it was "in the interest of substantial justice" to retain jurisdiction over this action (CPLR 327; accord Anagnostou v Stifel, 204 A.D.2d 61 [1st Dept 1994]). However, upon considering the motion on...

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