Pursuant to the doctrine of forum non conveniens, a court may dismiss an action when, although it has jurisdiction over the claim, the court determines that in the interest of substantial justice the action should be heard in another forum. The burden is on the defendant to show that considerations relevant to private or public interest militate against accepting or retaining the litigation. The court will consider factors such as the residency of the parties; potential inconvenience to proposed witnesses, especially nonparty witnesses;, the availability of an alternative forum; the situs of the actionable events; the location of the evidence; and the burden that retaining the case would have on New York courts.
Albright v. Combe Inc., NY Slip Op 00837 (2d Dep't February 5, 2020)
Here is the decision.
