# Brown v. Dataw Island Realty, Inc.

> Appellate Division of the Supreme Court of the State of New York · June 2, 1989 · 151 A.D.2d 1044

URL: https://www.frixlaw.com/law-library/cases/5915691

## Case

- **Full name:** Christine Brown, as Coexecutors of Bruce Brown v. Dataw Island Realty, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 2, 1989
- **Citations:** 151 A.D.2d 1044
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5915691

## Opinion text

Judgment unanimously affirmed without costs. Memorandum: The court did not abuse its discretion in granting defendant’s motion to dismiss the complaint on the ground of fórum non conveniens (CPLR 327 [a]; Islamic Republic v Pahlavi, 62 NY2d 474, 479 , cert denied 469 US 1108 ; Silver v Great Am. Ins. Co., 29 NY2d 356, 361). The cause of action arose in South Carolina, defendant is amenable to suit in that forum, and both the contract and choice of law principles compel the application of South Carolina law (see, Islamic Republic v Pahlavi, supra). We express no opinion on the merits of the parties’ cross motions for summary judgment. (Appeal from judgment of Supreme Court, Ontario County, Reed, J. — dismiss complaint.) Present — Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5915691. Public record. Not legal advice.