Koutras v. Lacorazza

Appellate Division of the Supreme Court of New York

Koutras v. Lacorazza

248 A.D.2d 514, 669 N.Y.S.2d 898, 1998 N.Y. App. Div. LEXIS 2593

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

DecidedMarch 16, 1998

StatusPublished

This text of 248 A.D.2d 514 (Koutras v. Lacorazza) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koutras v. Lacorazza, 248 A.D.2d 514, 669 N.Y.S.2d 898, 1998 N.Y. App. Div. LEXIS 2593 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Carson, J.), dated October 2, 1996, which denied his motion to dismiss the complaint pursuant to CPLR 327 (a).

Ordered that the order is affirmed, with costs.

The burden of establishing that New York is an inconvenient forum rests with the party challenging that forum (see, Islamic Republic of Iran v Pahlavi, 62 NY2d 474, cert denied 469 US 1108; Sarfaty v Rainbow Helicopters, 221 AD2d 618). As a determination of this issue rests within the discretion of the trial court, so long as the court has examined the relevant circumstances, its determination will not be disturbed (see, Sarfaty v Rainbow Helicopters, supra, at 619). In the instant action, the defendant has failed to demonstrate that New Jersey is a more appropriate forum than New York (see, Brodherson v Ponte & Sons, 209 AD2d 276).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Carson, J.), dated October 2, 1996, which denied his motion to dismiss the complaint pursuant to CPLR 327 (a).

Ordered that the order is affirmed, with costs.

The burden of establishing that New York is an inconvenient forum rests with the party challenging that forum (see, Islamic Republic of Iran v Pahlavi, 62 NY2d 474, cert denied 469 US 1108; Sarfaty v Rainbow Helicopters, 221 AD2d 618). As a determination of this issue rests within the discretion of the trial court, so long as the court has examined the relevant circumstances, its determination will not be disturbed (see, Sarfaty v Rainbow Helicopters, supra, at 619). In the instant action, the defendant has failed to demonstrate that New Jersey is a more appropriate forum than New York (see, Brodherson v Ponte & Sons, 209 AD2d 276).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Bluebook (online)

248 A.D.2d 514, 669 N.Y.S.2d 898, 1998 N.Y. App. Div. LEXIS 2593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koutras-v-lacorazza-nyappdiv-1998.

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