Wienke v. Wienke

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In this negligence action arising out of a two-car accident in Ashland, Massachusetts, Special Term properly exercised its discretion in dismissing the complaint on the ground of forum non conveniens (CPLR 327). Both cars were registered in Massachusetts and operated by Massachusetts residents. The only nexus between New York State and this case is plaintiffs’ residence. Furthermore, defendant is unable to implead the other driver to seek an apportionment of responsibility for…