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D&R GLOBAL SELECTIONS, S.L. v. BODEGA OLEGARIO FALCON PINEIRO

11541. 603732/07.

183 A.D.3d 493 (2020)

122 N.Y.S.3d 512

2020 NY Slip Op 02972

D&R Global Selections, S.L., Respondent, v. Bodega Olegario Falcon Pineiro, Appellant.

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

Decided May 21, 2020.

The movant seeking dismissal on the grounds of forum non conveniens has a "heavy burden" of establishing that New York is an inconvenient forum, and that a substantial nexus between New York and the action is lacking (Kuwaiti Eng'g Group v Consortium of Intl. Consultants, LLC, 50 A.D.3d 599, 600 [1st Dept 2008]). Here, the record demonstrates that defendant failed to establish that the balance of the forum non conveniens factors...

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