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ALSTON v. DIVINE BROS. CO.

Index No. 26445/19E. Appeal No. 14138. Case No. 2020-02737.

195 A.D.3d 563 (2021)

146 N.Y.S.3d 486

2021 NY Slip Op 04097

Eric Sean Alston, Jr., Appellant-Respondent, v. Divine Brothers Company, Respondent-Appellant.

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

Decided June 29, 2021.

Attorney(s) appearing for the Case

Weitzman Law Offices, L.L.C., New York ( Raphael Weitzman of counsel), for appellant-respondent.

Knych & Whritenour, LLC, Syracuse ( Matthew E. Whritenour of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.

Supreme Court providently exercised its discretion in dismissing this strict products liability personal injury action on the ground of forum non conveniens (CPLR 327[a]; see Jackam v Nature's Bounty, Inc., 70 A.D.3d 1000 [2d Dept 2010]; see generally Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478-479 [1984], cert denied 469 U.S. 1108 [1985]). Ohio is the situs of the accident...

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