Shin-Etsu Chem. Co. v ICICI Bank Ltd.
2004 NYSlipOp 03960
Decided on May 18, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 18, 2004
Nardelli, J.P., Andrias, Sullivan, Lerner, JJ.
3033

[*1]Shin-Etsu Chemical Co., Ltd., Plaintiff-Respondent,

v

ICICI Bank Limited, Defendant-Appellant.





Kelley Drye & Warren LLP, New York (Jonathan K.
Cooperman of counsel), for appellant.
Jones Day, New York (Mark S. Mandel of counsel), for
respondent.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered August 11, 2003, modified, on the law, the facts and in the exercise of discretion, the motion to dismiss the complaint granted on condition that defendant ICICI waive any statute of limitations defense and submit to the personal jurisdiction of the courts of India, the cross motion for summary judgment denied, and, except as thus modified, affirmed, with costs and disbursements to defendant.

Opinion by Sullivan, J. All concur.

Order filed.