Opinion
May 27, 1971
Order, Supreme Court, New York County, entered January 14, 1971, unanimously reversed, on the law, the facts, and in the exercise of discretion, and the defendant's motion insofar as it seeks to dismiss the complaint on the ground of forum non conveniens is granted. Appellant shall recover of respondents $50 costs and disbursements of this appeal. The action herein is between foreign corporations. The parties are a Louisiana corporation and an Arizona corporation. The issues involved herein have little if any relationship or nexus with New York. Performance of the contract was not to take place in New York, and indeed, the contract involves certain services limited solely to Louisiana. We do not believe that New York is the appropriate place for trial of this action, and find that in the proper exercise of discretion the complaint herein should have been dismissed on the basis of forum non conveniens. (See Jones v. United States Lines, 36 A.D.2d 601; Aetna Ins. Co. v. Creole Petroleum Corp., 27 A.D.2d 518, affd. 23 N.Y.2d 717; see also Bata v. Bata, 304 N.Y. 51.) Moreover, the circumstances as revealed in the record indicate that trial of this action in New York would result in hardship to the defendant and would constitute an unnecessary burden on the New York courts. It is to be noted that most of the witnesses are located in Louisiana. Furthermore, there is no valid explanation why the action cannot be maintained in a more appropriate jurisdiction, particularly Louisiana, where defendant is subject to suit and where the contract was to be performed.
Concur — Nunez, J.P., Kupferman, McNally, Tilzer and Macken, JJ.