MATTER OF KATZ v. LAZAROFF


236 A.D.2d 257 (1997)

653 N.Y.S.2d 348

In the Matter of The Estate of Helen Katz, Deceased, et al., Respondents, v. Susan Lazaroff, Appellant David Katz et al., Respondents, v. Vern Lazaroff et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 18, 1997


Defendants have failed to meet the heavy burden of showing that plaintiffs' selection of New York as a forum should be disturbed (see, Yoshida Print. Co. v Aiba, 213 A.D.2d 275). Defendants did not offer any evidence to demonstrate that any material witnesses would be burdened by proceedings in New York. Further, this litigation involving a simple one-vehicle accident, which occurred in Pennsylvania but which has a substantial...

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