August 10, 2010

Motion practice.

Practice point: The court may grant a forum non conviens motion on any condition that may be just, pursuant to CPLR 327(a).

Students should note that dismissal could properly be conditioned on a waiver of the foreign forum's advantageous statute of limitations.

Case: Patriot Exploration v. Thompson & Knight, NY Slip Op 06217 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.