From Casetext: Smarter Legal Research

IFS International, Inc. v. SLM Software, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Feb 15, 1996
224 A.D.2d 810 (N.Y. App. Div. 1996)

Summary

In IFS Intern. Inc. v SLM Software Inc. (224 AD2d 810), a case involving breach of contract and fraudulent misrepresentation, the court granted the defendant's motion to dismiss, highlighting the fact that the New York plaintiff failed to file a counterclaim against its Canadian defendant, after the defendant filed a similar action involving the same parties in Canada.

Summary of this case from Eisenberg v. Starkman

Opinion

February 15, 1996

Appeal from the Supreme Court, Rensselaer County (Teresi, J.).


In January 1989 plaintiff, a New York corporation doing business in, among other places, Canada, entered into a written contract with defendant, a Canadian corporation, whereby plaintiff was to market defendant's computer software to various financial institutions. In June 1989, plaintiff commenced this action alleging causes of action sounding in breach of contract and fraud. Defendant subsequently commenced a separate action in the Province of Ontario, Canada, arising out of plaintiff's alleged breach of the same contract. Plaintiff apparently chose not to file any counterclaims against defendant in that action.

Defendant thereafter successfully moved pursuant to CPLR 327 to dismiss plaintiff's action on the ground of forum non conveniens. On appeal, this Court reversed Supreme Court's order of dismissal on the ground that it was necessary to first determine whether Supreme Court had personal jurisdiction over defendant ( 174 A.D.2d 811). Upon remittal, Supreme Court determined that defendant indeed was subject to the jurisdiction of the courts of this State, and defendant again filed a motion for dismissal on the ground of forum non conveniens. Supreme Court granted the motion and this appeal by plaintiff followed.

We affirm. Based upon a consideration of all the relevant factors, we cannot say that Supreme Court abused its discretion in dismissing plaintiff's action on forum non conveniens grounds. Defendant is a Canadian corporation that does no business, maintains no offices nor has any assets or real property in this State. Additionally the contract, which was executed and finalized in Canada, calls for the application of Canadian law. Although no one factor is determinative, the fact that the law of a different forum will govern the resolution of a dispute has been considered an important factor in cases where the courts of this State have dismissed actions on forum non conveniens grounds ( see, e.g., Harp v. Malyn, 166 A.D.2d 848, 850). Finally, the record reflects the pendency of a similar action in Ontario involving the same parties and arising out of the same issues as those raised here. Hence, plaintiff will not be unduly prejudiced by the dismissal of this action because a forum in Ontario is currently available and poised to address the matter ( see, Morley v. Morley, 191 A.D.2d 372, 373).

Cardona, P.J., Mercure, White and Casey, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

IFS International, Inc. v. SLM Software, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Feb 15, 1996
224 A.D.2d 810 (N.Y. App. Div. 1996)

In IFS Intern. Inc. v SLM Software Inc. (224 AD2d 810), a case involving breach of contract and fraudulent misrepresentation, the court granted the defendant's motion to dismiss, highlighting the fact that the New York plaintiff failed to file a counterclaim against its Canadian defendant, after the defendant filed a similar action involving the same parties in Canada.

Summary of this case from Eisenberg v. Starkman
Case details for

IFS International, Inc. v. SLM Software, Inc.

Case Details

Full title:IFS INTERNATIONAL, INC., Appellant, v. SLM SOFTWARE, INC., Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 15, 1996

Citations

224 A.D.2d 810 (N.Y. App. Div. 1996)
638 N.Y.S.2d 186

Citing Cases

Viking Global Equities, LP v. Porsche Automobil Holding SE

Further, Porsche and its wholly-owned affiliates, regularly transact business in New York, and in general,…

Nasser v. Nasser

The appropriate forum in which to resolve that dispute is Brazil since one of its courts issued that order.…