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  • New York Appellate Division Unanimously Affirms Surrogate’s Court Dismissal of Petition in Favor of Carter Ledyard Client

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New York Appellate Division Unanimously Affirms Surrogate’s Court Dismissal of Petition in Favor of Carter Ledyard Client

On March 19, 2019, the New York Supreme Court, Appellate Division, First Department, in Estate of Dinshaw, File No. 1970-1950/A, unanimously affirmed the granting of a motion to dismiss in favor of firm client, Nusli Wadia, a Mumbai, India based businessman and the administrator of the Indian estate of decedent Edulji Framoz Dinshaw. In affirming the Surrogate’s Court dismissal of the petition by an alleged creditor of the Indian estate seeking the issuance of letters of administration, the Appellate Division held that the petition was properly dismissed on the ground of forum non conveniens, noting that, although the decedent died in New York in 1970, this matter related to the estate in India involving real property located in India, the Indian administrator was appointed by the Indian courts, the relevant parties are residents of India, the agreements at issue were made in India, many witnesses are located in India, and Indian law may apply to relevant legal issues (such as the statute of limitations).

Carter Ledyard Partners Daniel J. McSwiggan and Matthew D. Dunn represented Mr. Wadia in these proceedings.

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