Preview:

[*1]


Decided on September 12, 2005
Supreme Court, New York County
Exclaim Associates Limited, and EUROPLAY CAPITAL ADVISORS, LLC, Plaintiffs,
against

Anthony David Nygate and MALCOLM COHEN, Individually and as
Joint Administrators for ACCLAIM ENTERTAINMENT LIMITED,
ACCLAIM ENTERTAINMENT STUDIOS, and ACCLAIM STUDIOS
LIMITED; BDO STOY HAYWARD LLP, Defendants.







600510/05
Bernard J. Fried, J.
This action arises from a dispute concerning a contract between plaintiffs Exclaim Associates Limited (Exclaim) and Europlay Capital Advisors, LLC (Europlay), and defendants Acclaim Entertainment Limited (AEL), Acclaim Entertainment Studios Limited (AESL) and Acclaim Studios Limited (ASL) (collectively, Acclaim), involving plaintiffs' purchase of certain of Acclaim's assets.
Defendants now move, pursuant to CPLR 3211 (a) (8), for an order dismissing the complaint on the ground that there is lacking jurisdiction over them, or, alternatively, pursuant to CPLR 327, on the ground of forum non conveniens. Plaintiffs cross-move for an order, pursuant to CPLR 3211 (d), for leave to conduct discovery with respect to jurisdictional issues.
For the reasons set forth below, defendants' motion is denied, and plaintiffs' cross motion is granted.
Accepting the allegations of the complaint as true (Leon v Martinez, 84 NY2d 83 [1994]), the following facts emerge: plaintiffs Exclaim and Europlay are foreign corporations. Europlay is organized under the laws of the state of Delaware, with a principal place of business in Encino, California (Complaint,

Download 2005_52106.pdf

New York Law