December 17, 2024
November 22, 2024
Appellate Division reverses order and transfers a gemstone coversation dispute to Switzerland
In this dispute regarding a stolen 20.33 carat diamond currently being held by the Gemological Institute of America, Partner Evan Richman obtained a reversal on appeal in the Appellate Division, First Department, which thereby allowed his client, the plaintiff, to move the disputed venue of the lawsuit to its home forum country of Switzerland. The trial court had previously granted the motion of the defendant to dismiss the case based on forum non conveniens and instead have the action be transferred to Hong Kong, which was the defendant’s home venue, and where the substantive law greatly favored defendant’s position regarding the issue of transferring title to an item purchased from a thief. On appeal, Mr. Richman successfully argued that, if the Court believed that New York was an inconvenient forum, then the case should be permitted to proceed in Switzerland instead of Hong Kong because Switzerland was the preferred venue due to various contacts with this matter, including that there were certain related criminal proceedings pending against the diamond thief in Switzerland. This case is significant as it is one of only a few cases in which the court specifically stated, on a forum non conveniens analysis, that the plaintiff can choose the alternate forum instead of the defendant.