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EPK BRAND, INC. v. LERET

655265/18E. Appeal No. 13940-13941-13941A. Case No. 2020-02453. 2020-02468. 2020-04853.

194 A.D.3d 644 (2021)

144 N.Y.S.3d 572

2021 NY Slip Op 03374

EPK Brand, Inc., Plaintiff, and EPK Kids Smart S.A.S., Appellant, v. Patrick Roger Leret et al., Respondents.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Saul Ewing Arnstein & Lehr LLP, New York ( Ruth A. Rauls and Hilda Piloto of the bar of the State of Florida, admitted pro hac vice, of counsel), for appellant.

Cohen & Gresser LLP, New York ( S. Gale Dick and Marvin Lowenthal of counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.

Supreme Court did not improvidently exercise its discretion in dismissing the complaint on forum non conveniens grounds. The factors considered by Supreme Court were the burden on New York courts, the need to translate documents, the need for interpretation of foreign law, and the existence of prior proceedings and the location of witnesses and documents in Colombia. Moreover, the court dismissed the action pursuant to proper conditions...

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