Koop v. Guskind

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Fusco, J.), entered March 18, 2013, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 327 (a) on the ground of forum non conveniens.

Ordered that the order is modified, on the facts and in the exercise of discretion, by adding a provision thereto condition*673ing the grant of the defendant’s motion on the defendant stipulating (1) to accept service of process in a new action commenced by the plaintiff in Canada upon the same causes of action…