MATTER OF DINSHAW

8746, 1970/50A.

170 A.D.3d 542 (2019)

94 N.Y.S.3d 437

2019 NY Slip Op 02042

In the Matter of the Estate of Edulji Framroz Dinshaw, Deceased. Dr. Pankaj Phadnis et al., Appellants; Nuslin N. Wadia, Respondent.

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

Decided March 19, 2019.


The Surrogate properly dismissed the petition on the ground of forum non conveniens (CPLR 327 [a]; see Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478-479 [1984], cert denied 469 U.S. 1108 [1985]). All the parties are residents of India, the contract was made in India, the real property is located in India, respondent was appointed to administer the trust by an Indian court, many witnesses are located in India, and...

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