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Lawsuit Properly Dismissed on “Forum Non Conveniens” Grounds

The Second Department determined that a lawsuit stemming from an accident in Canada in which New York’s only connection was the residence of the plaintiff should be dismissed on the ground of forum non conveniens upon the condition the defendant waive any jurisdictional or statute of limitations defenses:

The doctrine of forum non conveniens permits a court to stay or dismiss an action when, although it may have jurisdiction over the action, the court determines that “in the interest of substantial justice the action should be heard in another forum” (CPLR 327[a]… ). On a motion to dismiss the complaint on the ground of forum non conveniens, the defendant bears the burden of demonstrating “relevant private or public interest factors which militate against accepting the litigation” … . “On such a motion, the Supreme Court is to weigh the parties’ residencies, the location of the witnesses and any hardship caused by the choice of forum, the availability of an alternative forum, the situs of the action, and the burden on the New York court system” … . “No one factor is dispositive” … . “The Supreme Court’s determination should not be disturbed unless the court improvidently exercised its discretion or failed to consider the relevant factors … .

Here, the plaintiff is a resident of Canada and the defendant is a resident of Richmond County. The incident complained of occurred in Canada. The location of the defendant’s residence is the sole connection in this case to the State of New York. Under the circumstances of this case and considering all of the relevant factors, including the fact that many of the witnesses, including law enforcement officials, emergency responders, medical personnel, and the owner of the hunting lodge who assigned the plaintiff to act as a hunting guide, are in Canada, the Supreme Court providently exercised its discretion in granting the defendant’s motion to dismiss the complaint pursuant to CPLR 327(a) on the ground of forum non conveniens … . Koop v Guskind, 2014 NY Slip Op 02266, 2nd Dept 4-2-14

 

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