Opinion
Submitted January 11, 1978
Decided February 16, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL R. ROSENBERG, J.
Louis C. Jones and Nicholas M. Cherot for appellant.
Benjamin E. Haller and John P. Love for respondent.
MEMORANDUM.
Order affirmed, with costs. As the pleadings and affidavits were framed, the Appellate Division was entitled to find, as it did, that New York is an inconvenient forum for this litigation. It would also have been entitled to find otherwise, especially since any forum would have been inconvenient for court and parties. But the Appellate Division has been granted considerable discretion in this area, and, on the record made by the parties, it cannot be said that the discretion was abused as a matter of law (Irrigation Ind. Dev. Corp. v Indag S.A., 37 N.Y.2d 522, 525).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.