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Chi Chu v. Surgenor National Leasing, Ltd

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 850 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Order unanimously affirmed with costs.

Before: Present — Pine, J.P., Lawton, Fallon, Balio and Davis, JJ.


Supreme Court properly exercised its discretion in denying the motion of Surgenor National Leasing, Ltd., and Gilbert S.H. Au (defendants) to dismiss upon the ground of forum non conveniens. Defendants failed to establish that the Province of Ontario, Canada, would be a more appropriate forum ( see, Roman v Sunshine Ranehettes, 98 AD2d 744). This is not an action between Canadian residents and corporations; defendant Au and two other occupants of the vehicle reside in Hong Kong. Further, contrary to defendants' contention, the fact that the motor vehicle accident occurred in New York is not the only connection with this State. The State Trooper who investigated the accident and the numerous medical experts who treated plaintiff during his month-long hospital stay in this State are material witnesses ( see, Moschera v Muraca, 148 AD2d 591) and may not be amenable to process in the Province of Ontario. (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Dismiss Action.)


Summaries of

Chi Chu v. Surgenor National Leasing, Ltd

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 850 (N.Y. App. Div. 1996)
Case details for

Chi Chu v. Surgenor National Leasing, Ltd

Case Details

Full title:JOSEPH MING CHI CHU, Respondent, v. SURGENOR NATIONAL LEASING, LTD., et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 8, 1996

Citations

233 A.D.2d 850 (N.Y. App. Div. 1996)
649 N.Y.S.2d 276