Dales v. Tiessen

Order unanimously reversed on the law without costs, motion granted and complaint dismissed in accordance with the following Memorandum: Defendant contends that Supreme Court erred in denying his motion to dismiss the complaint on the ground of forum non conveniens (see, CPLR 327). We agree. Both parties are residents of the Province of Ontario, as are plaintiffs treating physician and an eyewitness to the car accident. "The only connection with New York is 'the adventitious circumstance that the accident occurred here’ (Martin v Mieth, 35 NY2d 414, 418) * * * t, which] fact alone does not…