February 5, 2010

Motion practice.

Practice point: A court may stay or dismiss an action that, although jurisdictionally sound, would be better adjudicated elsewhere.

Practitioners should note that relevant factors are the burden on New York courts; potential hardship to the defendant; the availability of another forum; the parties' residency; the forum in which the cause of action arose; and the extent to which plaintiff's interests may be properly served in New York.

Case: Rabinowitz v. Devereux Conn. Glenholme, NY Slip Op 00378 (1st Dept. 2010)

The opinion is here.

Monday’s issue: Landlord-Tenant Law.