Practice point: The Appellate Division determined that the motion court properly exercised its discretion in finding that New
York was a proper forum and that defendant failed to meet his
burden to dismiss the action on inconvenient forum grounds. The Appellate Division found that the motion court considered the appropriate factors, namely, that the dispute concerns real property in New York and the
actions and transactions that gave rise to the claim occurred in New
York; the mortgage payments on the properties and rent collected from
the properties go to a New York bank; there is no alternative forum in
which to litigate this claim because South Korea does not recognize
constructive trusts; and defendant has demonstrated his availability to
this forum by prior business activities here.
Student note: As this is not a matrimonial action, it is not barred by the parties' matrimonial action in South Korea.
Case: Kang v. Kim, NY Slip Op 07074 (1st Dept. 2014)
Here is the decision.
Monday's issue: Dismissal of a Labor Law 241(6) claim.
