US: Transitory movement of funds through New York banks no guarantee of jurisdiction

In a case of interest to foreign parties that routinely use New York's banking system to facilitate dollar transactions, the New York Court of Appeals has reversed a decision by the Appellate Division that would have foreclosed 'forum non conveniens' dismissals as a matter of law whenever a foreign national, "effecting what is alleged to be a fraudulent transaction, moves dollars through a bank in New York."  Left undisturbed, this ruling would have burdened overseas litigants in cases lacking any other nexus to the state by preventing them from using the doctrine of forum non conveniens in response to the often broad jurisdictional reach of New York's "long-arm" statute.  For further commentary on this case, Mashreqbank PSC v. Ahmed Hamad al Gosaibi & Brothers Company, New York State Court of Appeals No. 54,  click here.