SWANEY v. ACADEMY BUS TOURS OF NEW YORK, INC.

5606. 156822/15.

158 A.D.3d 437 (2018)

72 N.Y.S.3d 27

2018 NY Slip Op 00796

SIGRID SWANEY, Respondent, v. ACADEMY BUS TOURS OF NEW YORK, INC., et al., Appellants, et al., Defendant.

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

Decided February 6, 2018.


In this personal action arising out of a motor vehicle accident, the motion court did not improvidently exercise its discretion in weighing the relevant factors in denying the motion to dismiss the complaint on the ground of forum non conveniens.

On a motion to dismiss on the ground of forum non conveniens, a defendant bears the burden of demonstrating that the "relevant private or public interest factors ... militate against accepting the litigation" (Islamic...

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