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PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. v. KWOK HO WAN

6200 652077/17.

160 A.D.3d 452 (2018)

76 N.Y.S.3d 111

2018 NY Slip Op 02415

Pacific Alliance Asia Opportunity Fund L.P., Appellant, v. Kwok Ho Wan, Also Known as Kwok Ho and Others, Respondent.

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

Decided April 5, 2018.

Defendant failed to meet the heavy burden of establishing that New York is an inconvenient forum and that there is no substantial nexus between New York and this action (see Elmaliach v Bank of China Ltd., 110 A.D.3d 192, 208 [1st Dept 2013]). It is true that the agreements at issue in this breach of contract action concern a Chinese real estate development project and that most (although...

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