TRAVELERS CASUALTY AND SURETY COMPANY v. HONEYWELL INTERNATIONAL INC.


48 A.D.3d 225 (2008)

851 N.Y.S.2d 426

TRAVELERS CASUALTY AND SURETY COMPANY, Respondent, v. HONEYWELL INTERNATIONAL INC., Appellant, and EMPLOYERS INSURANCE COMPANY OF WAUSAU et al., Respondents, et al., Defendants.

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

Decided February 5, 2008.


The common-law doctrine of forum non conveniens, now codified in CPLR 327, permits a court to dismiss an action when, in the interest of substantial justice, it should be heard in another forum. "The burden rests upon the defendant challenging the forum to demonstrate relevant private or public interest factors which militate against accepting the litigation," among which are "the burden on the New York courts, the potential hardship to the defendant, and the unavailability...

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