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JTS TRADING LTD. v. AFIN ASESORES

653239/15. 10552A. 10552.

178 A.D.3d 507 (2019)

114 N.Y.S.3d 73

2019 NY Slip Op 08935

JTS Trading Limited, Appellant, v. Afin Asesores et al., Respondents.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Garvey Schubert Barer, P.C., New York ( Andrew J. Goodman of counsel), for appellant.

Willkie Farr & Gallagher LLP, New York ( Jeffrey B. Korn of counsel), for respondents.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

In determining whether an action should be dismissed for forum non conveniens, plaintiff's choice of forum is entitled to strong deference (Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474 [1984], cert denied 469 U.S. 1108 [1985]). Among the factors to consider are the residence of the parties, the location of evidence and witnesses, the burden on the New York courts, where the transaction giving rise to the cause of action...

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