Practice point: On a motion to dismiss the complaint on the ground of forum non conveniens, pursuant to CPLR 327, the movant must demonstrate the relevant private or public interest factors that militate against a New York court's acceptance of the litigation. Among the factors the court must weigh are the residency of the parties, the potential hardship to proposed witnesses, the availability of an alternative forum, the situs of the actionable events, and the burden which will be imposed upon the New York courts, with no one single factor controlling.
Student note: A court's determination of a motion to dismiss on the ground of forum non conveniens will not be disturbed on appeal unless the court failed to properly consider all the relevant factors or improvidently exercised its discretion in deciding the motion.
Case: Park v. Heather Hyun-Ah Cho, NY Slip Op 06519 (2d Dep't September 20, 2017)
Here is the decision.
