Opinion
5588 Index 155066/16
02-01-2018
Susan HALL, Plaintiff–Respondent, v. Juan CAMACHO, et al., Defendants–Appellants.
Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, New York (Peter A. Frucchione of counsel), for appellants. Law Offices of Alan R. Chorne, New York (Alan R. Chorne of counsel), for respondent.
Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, New York (Peter A. Frucchione of counsel), for appellants.
Law Offices of Alan R. Chorne, New York (Alan R. Chorne of counsel), for respondent.
Renwick, J.P., Richter, Tom, Gesmer, Oing, JJ.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about December 9, 2016, which denied defendants' motion to dismiss the complaint pursuant to CPLR 327(a), unanimously affirmed, without costs. This action arises from a bus-pedestrian accident that occurred in New York County. All the parties are New Jersey residents. However, in addition to the fact that the accident occurred in New York, plaintiff received considerable medical treatment here, including at a hospital emergency room, as well as continuing treatment at orthopedic and general practitioners' offices in New York (see Krieger v. Glatter, 129 A.D.3d 536, 11 N.Y.S.3d 161 [1st Dept. 2015] ; Brodherson v. Ponte & Sons, 209 A.D.2d 276, 618 N.Y.S.2d 350 [1st Dept. 1994] ; see also generally Islamic Republic of Iran v Pahlavi, 62 N.Y.2d 474, 478 N.Y.S.2d 597, 467 N.E.2d 245 [1984], cert denied 469 U.S. 1108, 105 S.Ct. 783, 83 L.Ed.2d 778 [1985] ). Other proposed witnesses are New York residents, including one, and potentially more than one, eyewitness to the accident, as well as the responding police officer. Moreover, given the relative proximity of New York and New Jersey, and the regularity with which defendants cross from one state to the other, it is not likely that they will experience any undue hardship as a result of litigating in New York (see Brodherson, 209 A.D.2d at 277, 618 N.Y.S.2d 350 ).