Legal Opinion

Aiken v. Liotta

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2016No. 2014-04723Published

1Opinion of the Court

In a consolidated action, inter alia, to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated February 11, 2014, as denied that branch of his motion which was to dismiss the complaint pursuant to CPLR 327 on the ground of forum non conveniens.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion pursuant to CPLR 327 to dismiss on the ground of forum non conveniens, the burden is on the movant to demonstrate the relevant private or public interest factors that militate against a…

2Cases cited6 opinions

  1. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  2. Stravalle v. Land Cargo, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Tubay v. Beam Brothers Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Smolik v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Rosenberg v. Stikeman Elliott, LLPAppellate Division of the Supreme Court of the State of New York · 2007

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