Lombardi v. Moran Towing Corp.

Appellate Division of the Supreme Court of New York

Lombardi v. Moran Towing Corp.

199 A.D.2d 10, 604 N.Y.S.2d 565

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

DecidedDecember 2, 1993

StatusPublished

Cited by1 cases

This text of 199 A.D.2d 10 (Lombardi v. Moran Towing Corp.) 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

Lombardi v. Moran Towing Corp., 199 A.D.2d 10, 604 N.Y.S.2d 565 (N.Y. Ct. App. 1993).

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Opinion

Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about April 30, 1992, which granted a motion by defendants Moran Towing Corporation et al., on the ground of forum non conveniens, unanimously affirmed, without costs.

There is no merit to plaintiffs’ argument that the doctrine of forum non conveniens is inapplicable here. The alternate forum, New Jersey, will be able to afford plaintiffs Jones Act relief, if such is warranted (cf., Lambiris v Neptune Mar. Co., 38 AD2d 528, 529).

In view of the fact that plaintiff lives, worked, was injured, and treated in New Jersey, and that almost all of the witnesses reside in New Jersey, it cannot be said that dismissal on the ground of forum non conveniens was an abuse of discretion (see, H & J Blits v Blits, 65 NY2d 1014). Concur— Rosenberger, J. P., Wallach, Kupferman and Nardelli, JJ.

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Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about April 30, 1992, which granted a motion by defendants Moran Towing Corporation et al., on the ground of forum non conveniens, unanimously affirmed, without costs.

There is no merit to plaintiffs’ argument that the doctrine of forum non conveniens is inapplicable here. The alternate forum, New Jersey, will be able to afford plaintiffs Jones Act relief, if such is warranted (cf., Lambiris v Neptune Mar. Co., 38 AD2d 528, 529).

In view of the fact that plaintiff lives, worked, was injured, and treated in New Jersey, and that almost all of the witnesses reside in New Jersey, it cannot be said that dismissal on the ground of forum non conveniens was an abuse of discretion (see, H & J Blits v Blits, 65 NY2d 1014). Concur— Rosenberger, J. P., Wallach, Kupferman and Nardelli, JJ.

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Bluebook (online)

199 A.D.2d 10, 604 N.Y.S.2d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombardi-v-moran-towing-corp-nyappdiv-1993.

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