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ENGLISH v. AVON PRODUCTS, INC.

Index No. 190346/18. Appeal No. 13823NM-1248. Case No. 2020-04213.

194 A.D.3d 480 (2021)

143 N.Y.S.3d 553

2021 NY Slip Op 02984

Linda English et al., Respondents, v. Avon Products, Inc., et al., Defendants, and Procter & Gamble Manufacturing Company, as Successor-in-Interest to Shulton, Inc., Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Goldberg Segalla LLP, New York ( David E. Rutkowski of counsel), for appellant.

Simmons Hanly Conroy, LLC, New York ( James M. Kramer of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

The court providently denied defendant's motion to dismiss the complaint on the ground of forum non conveniens (see CPLR 327; Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478-479 [1984], cert denied 469 U.S. 1108 [1985]). The task of determining whether an action should be dismissed based on forum non conveniens is committed to the sound discretion of the motion court. We find no improvident exercise of that discretion...

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