HARLEYSVILLE INSURANCE COMPANY v. ERMAR PAINTING AND CONTRACTING, INC.


8 A.D.3d 229 (2004)

777 N.Y.S.2d 661

HARLEYSVILLE INSURANCE COMPANY, Respondent, v. ERMAR PAINTING AND CONTRACTING, INC., Appellant.

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

June 1, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

Among the factors which a court must weigh when deciding a motion to dismiss on the ground of forum non conveniens are "the residency of the parties, the potential hardship to proposed witnesses, the availability of an alternative forum, the situs of the underlying action, and the burden which will be imposed upon the New York courts, with no one single factor controlling" (Wentzel v Allen...

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