Opinion
5962 Index 652314/16
03-13-2018
SAMJUNGCAST CO., LTD., Plaintiff–Appellant, v. EXPWAY CORP., Defendant–Respondent, Moon–Ki Jeong, Defendant.
Kimm Law Firm, New York (Adam Garcia of counsel), for appellant. Loeb & Loeb LLP, New York (Christian D. Carbone of counsel), for respondent.
Kimm Law Firm, New York (Adam Garcia of counsel), for appellant.
Loeb & Loeb LLP, New York (Christian D. Carbone of counsel), for respondent.
Friedman, J.P., Andrias, Singh, Moulton, JJ.
Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about November 17, 2016, which granted defendant Expway Corp.'s motion to dismiss the complaint on forum non conveniens grounds, unanimously dismissed, without costs, as untimely.
As the notice of appeal from the order was served more than 30 days after service of the order, with written notice of its entry, it is untimely ( CPLR 5513[a] ; Hill Dickinson LLP v. Il Sole Ltd., 149 A.D.3d 471, 49 N.Y.S.3d 888 [1st Dept. 2017] ).
Even if we were to have jurisdiction to review the order, defendant met its heavy burden under CPLR 327 of establishing that New York is an inconvenient forum ( Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, 479, 478 N.Y.S.2d 597, 467 N.E.2d 245 [1984], cert denied 469 U.S. 1108, 105 S.Ct. 783, 83 L.Ed.2d 778 [1985] ; Norex Petroleum Ltd. v. Blavatnik, 151 A.D.3d 647, 648, 59 N.Y.S.3d 11 [1st Dept. 2017], lv denied 30 N.Y.3d 906, 2017 WL 5560554 [2017] ).