ESTATE OF RENATA FORTI, Deceased

ESTATE OF RENATA FORTI, Deceased (3926/11) — At the call of the calendar on an order to attend in this discovery proceeding, respondent waived the jurisdictional defense she had raised in her motion to dismiss. The court rejected respondent's defense of prior "action pending" (CPLR 3211 [a] [4]), since the alleged prior action is being litigated in a court in Italy rather than a court of a State or the United States. To the extent that the motion may be liberally construed as a forum non conveniens application, the court was not persuaded that the instant proceeding, in which both parties and the subject property are located in New York, should be dismissed or stayed on forum non conveniens grounds (see CPLR 327).

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ESTATE OF RENATA FORTI, Deceased (3926/11) — At the call of the calendar on an order to attend in this discovery proceeding, respondent waived the jurisdictional defense she had raised in her motion to dismiss. The court rejected respondent’s defense of prior “action pending” (CPLR 3211 [a] [4]), since the alleged prior action is being litigated in a court in Italy rather than a court of a State or the United States. To the extent that the motion may be liberally construed as a forum non conveniens application, the court was not persuaded that the instant proceeding, in which both parties and the subject property are located in New York, should be dismissed or stayed on forum non conveniens grounds (see CPLR 327).

In addition, the court denied respondent’s request that all discovery produced in this proceeding be sealed, as no good cause was shown. (see, Mosallem v. Berenson, 76 AD3d 345, 349 [1st Dept 2010]). The court directed respondent to proceed to examination, but on respondent’s oral motion the court granted a 10-day stay of that order. Finally, having reserved decision on the statute of limitations defense raised by respondent’s motion (CPLR 3211 [a] [5]), the court now dismisses that defense as premature, since information bearing on the limitations issue may be disclosed through the examination of respondent.

ESTATE OF RENATA FORTI, Deceased

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