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Forum Non Conveniens Doctrine Applied

In affirming the dismissal of the action on forum non conveniens grounds, the First Department described the criteria and relevant facts as follows:

The doctrine of forum non conveniens, as codified under CPLR 327, permits a court to stay or dismiss an action “where it is determined that the action, although jurisdictionally sound, would be better adjudicated elsewhere” …. The doctrine rests on considerations of justice, fairness and convenience … . * * *

The subject matter of this action – insurance coverage for liability relating to the manufacture of products in Massachusetts – has no substantial connection to New York. When the policies were issued, Warren was a Massachusetts corporation and had its principal place of business in that state. Liberty Mutual, the insurer under the policies at issue, is a Massachusetts corporation that has its principal place of business in that state. Both plaintiffs are foreign corporations that maintain their principal places of business in other states… . Century Indem Co v Liberty Mut Ins Co, 2013 NY Slip Op 03953, 1st Dept, 6-4-13

 

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