Lombardi v. Moran Towing Corporation

Full title: JOSEPH LOMBARDI et al., Appellants, v. MORAN TOWING CORPORATION et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 1993

199 A.D.2d 10 (N.Y. App. Div. 1993)

604 N.Y.S.2d 565

Opinion

December 2, 1993

Appeal from the Supreme Court, New York County (Stanley Sklar, J.).

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 A.D.2d 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 N.Y.2d 1014).

Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.