Herman v. Spartinelli

— Order unanimously reversed in the exercise of discretion with costs, motion denied and complaint reinstated. Memorandum: We determine that plaintiff’s action should not be dismissed because of forum non conveniens. Although the accident occurred at the home of the plaintiff’s daughter in Nova Scotia, Canada, and defendants are residents of Nova Scotia, defendants have not shown that Supreme Court, Erie County, is an inconvenient forum. Defendants, plaintiff’s daughter and son-in-law, have visited plaintiff at her residence in Buffalo, New York, belying their contention that they will be…