Motion to Dismiss Based Upon Forum Non Conveniens Denied, Despite Presence Of Foreign Defendants And Application Of Foreign Laws


On June 25, 2010, Justice Shirley Werner Kornreich of the Commercial Division issued a Decision and Order, inter alia, denying several foreign defendants' motion to dismiss based upon forum non conveniens. See Coventry Real Estate Advisors, LLC, et al., v. Developers Diversified Realty Corp., et al., Index No. 115559/09 (Sup. Ct. NY Co., June 25, 2010) (“Coventry”).

The Plaintiff was an investment manager and brought the action derivatively on behalf of twelve Property Owner REITs (all Delaware LLCs) acquired pursuant to an investment agreement. The underlying action involved claims that defendants (investment advisors, developers and managers) mismanaged the leasing and development of the real properties.

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