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Pisar v. Cogan
Citations: 214 A.D.2d 329; 624 N.Y.S.2d 426; 1995 N.Y. App. Div. LEXIS 3654
Court: Appellate Division of the Supreme Court of the State of New York; April 4, 1995; New York; State Appellate Court
The Supreme Court of New York County, under Justice Leland DeGrasse, issued an order on November 3, 1994, denying defendants' motion to dismiss the complaint based on forum non conveniens. The court affirmed that New York is a suitable forum for resolving the contract dispute involving the plaintiff, a New York resident and attorney, and the defendants, an individual and a corporation both based in New York. Key points include: - The agreements central to the dispute were executed and primarily negotiated in New York. - The subject matter, related to the formation of a limited partnership, was conducted in New York. - Material witnesses are located in New York, and the plaintiff received partial payment in New York. - Concerns raised regarding a potential disciplinary action in France involving the plaintiff do not establish a sufficient connection to warrant dismissal. - The court found no basis for staying the New York action pending the outcome of a related case in France, as the parties, causes of action, and relief sought are not identical. The decision was affirmed with costs, indicating the court's support for maintaining jurisdiction in New York over the matter.