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MUNICIPAL HIGH INCOME FUND, INC. v. GOLDMAN, SACHS & CO.

54 A.D.3d 591 (2008)

863 N.Y.S.2d 666

MUNICIPAL HIGH INCOME FUND, INC., et al., Appellants, v. GOLDMAN, SACHS & CO. et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

September 16, 2008.

After the Circuit Court of Wayne County, Michigan, dismissed a prior action without prejudice to plaintiffs commencing an action in New York, on the ground that New York was a more convenient forum than Michigan, plaintiffs took an appeal in Michigan and instituted this action in New York. Plaintiffs now seek dismissal of defendants' statute of limitations defenses in the New York action on the ground that defendants' successful forum non conveniens argument in the Michigan...

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