Opinion
March 9, 1998
Appeal from the Supreme Court, Kings County (Garson, J.).
Ordered that the order is affirmed, with costs.
The burden of establishing that New York is an inconvenient forum rests with the party challenging that forum ( see, Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, cert. denied 469 U.S. 1108; Sarfaty v. Rainbow Helicopters, 221 A.D.2d 618). As a determination of this issue rests within the discretion of the trial court, so long as the court has examined the relevant circumstances, its determination will not be disturbed ( see, Sarfaty v. Rainbow Helicopters, supra, at 619). In the instant action, the defendant has failed to demonstrate that New Jersey is a more appropriate forum than New York ( see, Brodherson v. Ponte Sons, 209 A.D.2d 276).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.