February 5, 2018

Inconvenient forum (CPLR 327).

The Appellate Division affirmed denial of defendants' motion to dismiss, pursuant to CPLR 327(a), in this action that arises from a bus-pedestrian accident that occurred in New York.  All the parties are New Jersey residents, but plaintiff received medical treatment, both emergency and continuing, in New York. Proposed witnesses, including eyewitnesses, are New York residents, as is the responding police officer. Given the relative proximity between New York and New Jersey, and the regularity with which defendants cross from one state to the other, no hardship will result from litigating the action in New York.

Case:  Hull v. Camacho, NY Slip Op 00621(1st Dep't February 1, 2018)