(DOWNLOAD) "Mayflower Restaurant Enterprises v. Gulf American Corporation Arizona" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Mayflower Restaurant Enterprises v. Gulf American Corporation Arizona
- Author : Supreme Court of New York
- Release Date : January 27, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The parties are a Louisiana corporation and an Arizona corporation. The issues involved herein have little if any relationship
or nexus with New York. Performance of the contract was not to take place in New York, and indeed, the contract involves certain
services limited solely to Louisiana. We do not believe that New York is the appropriate place for trial of this action, and
find that in the proper exercise of discretion the complaint herein should have been dismissed on the basis of forum non conveniens.
(See Jones v. United States Lines, 36 A.D.2d 601; Aetna Ins. Co. v. Creole Petroleum Corp., 27 A.D.2d 518, affd. 23 N.Y.2d
717; see also Bata v. Bata, 304 N. Y. 51.) Moreover, the circumstances as revealed in the record indicate that trial of this
action in New York would result in hardship to the defendant and would constitute an unnecessary burden on the New York courts.
It is to be noted that most of the witnesses are located in Louisiana. Furthermore, there is no valid explanation why the
action cannot be maintained in a more appropriate jurisdiction, particularly Louisiana, where defendant is subject to suit
and where the contract was to be performed.
 "Mayflower Restaurant Enterprises v. Gulf American Corporation Arizona" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}