NEW DELHI TELEVISION LIMITED, plf-ap, v. NIELSEN HOLDINGS N.V. def, THE NIELSEN COMPANY (US), LLC def-res

10990. NEW DELHI TELEVISION LIMITED, plf-ap, v. NIELSEN HOLDINGS N.V. def, THE NIELSEN COMPANY (US), LLC def-res — Pepper Hamilton LLP, New York (Thomas McC. Souther of counsel), for ap — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Aidan Synnott of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 16, 2013, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss the amended complaint in its entirety as against The Nielsen Company (US), LLC, AC Nielsen Corporation, and AC Nielsen Company, LLC (Nielsen defendants), unanimously affirmed, without costs.

In this action commenced by plaintiff, a news network headquartered in India, against the Nielsen defendants, operators of a global marketing research firm that measures television ratings data, alleging that their joint venture, TAM Media Research Private Limited (TAM), which they created with defendants WPP PLC and Kantar Group, Ltd, fraudulently misrepresented or corrupted the data, the amended complaint was properly dismissed on the ground of forum non conveniens (see CPLR 327[a]). Although the Nielsen defendants do not refute that they are New York corporations, plaintiff is located in India, the underlying events occurred in India, the evidence and the witnesses are located in India, and TAM, a necessary but unnamed party, is located in India (see Islamic Republic of Iran v. Pahlavi, 62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]; United States Aviation Underwriters v. United States Fire Ins. Co., 134 AD2d 187, 190 [1st Dept 1987], affd 73 NY2d 723 [1988]). Additionally, plaintiff has not shown that India is an inadequate alternative forum (see id.).