AMLON METALS v. LIU

Plaintiff adduced evidence that, given the benefit of all legitimate inferences and deductions (see, Considar, Inc. v. Redi Corp. Establishment, 238 A.D.2d 111), sufficiently fulfills its obligation to demonstrate that it is probable that it will succeed on the merits (CPLR 6212[a]) and that it is otherwise entitled to an attachment (CPLR 6201). That defendant's alleged conversion and other torts were committed in China, that some of defendant's prospective witnesses reside there and that Chinese law may govern do not present a balance of factors which so strongly favor defendant that they warrant disturbing plaintiff's choice of a forum in New York where plaintiff has its principal place of business and defendant owns real estate and maintains a bank account (cf., Sweeney v. Hertz Corp., 250 A.D.2d 385, 386).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.