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SWISSGEM S.A. v. M&B LTD.

Index No. 654225/19. Appeal No. 13538. Case No. 2020-02676.

193 A.D.3d 472 (2021)

141 N.Y.S.3d 700

2021 NY Slip Op 02122

Swissgem S.A. et al., Appellants, v. M&B Limited, Respondent.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Fleischner Potash LLP, Mineola ( Evan A. Richman of counsel), for appellants.

Miller Leiby & Associates, P.C., New York ( Doron Leiby of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Although a plaintiff's choice of forum should rarely be disturbed even when the plaintiff is not a New York resident (OrthoTec, LLC v Healthpoint Capital, LLC, 84 A.D.3d 702 [1st Dept 2011]), the motion court providently dismissed the complaint on forum non conveniens grounds, given the weak connection of this dispute to New York (see generally Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474<...

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