Estate of Dinshaw, File No. 1970-1950/A

Carter Ledyard successfully represented Nusli Wadia on the case

On March 19, 2019, the New York Supreme Court, Appellate Division, First Department, 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 advised Nusli Wadia with a team including Daniel J. McSwiggan (Picture) and Matthew D. Dunn.

Involved fees earner: Matthew Dunn – Carter Ledyard & Milburn Llp; Daniel McSwiggan – Carter Ledyard & Milburn Llp;

Law Firms: Carter Ledyard & Milburn Llp;

Clients: Nusli Wadia;

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Author: Ambrogio Visconti