Jones v. Eon Labs, Inc.

Order, Supreme Court, New York County (Louis B. York, J.), entered June 8, 2007, which denied defendant’s motion to dismiss the complaint on the ground of forum non conveniens, unanimously affirmed, with costs.

Defendant’s motion, made some two years after the commencement of this action, and after significant progress in discovery, was untimely (see Anagnostou v Stifel, 204 AD2d 61 [1994]; Corines v Dobson, 135 AD 2d 390, 392-393 [1987]). Defendant’s purported excuse for waiting to assert this motion until codefendant Pfizer, Inc. had been dismissed from the case is unpersuasive. Pfizer’s…