Kings County Supreme Court Finds that New York is not an Inconvenient Forum for Personal Injury Suit Arising out of a Florida Accident

By Lewis Tesser, Partner, and Timothy Nolen, Associate

A recent case from Kings County Supreme Court has held that it would not be a substantial burden on a national retailer, a “financial ‘goliath’ defendant,” to defend a suit in New York arising out of a personal injury in Florida. The litigation involved issues of personal injury law, jurisdiction and civil practice.

The case, Danza v. Costco Wholesale Corp., 2011 N.Y. Misc. LEXIS 4154 (Sup. Ct. Kings County, August 24, 2011), involved a New York resident who slipped and fell at a Costco in North Miami, Florida. The plaintiff then sued Costco in Brooklyn. Rejecting the defendant’s motion to dismiss for forum non conveniens (inconvenient forum), the Court noted that Costco was a major retailer with many stores in New York, including Brooklyn. Because the plaintiff was a New York resident, had chosen New York as the venue to litigate the case and because New York courts could apply Florida law, the Court determined that the defendant had not met its burden of showing that New York was an inconvenient forum.

The attorneys at Tesser, Ryan & Rochman, LLP have years of experience handling all aspects of civil litigation. Whether the client is an individual or a major corporation, our attorneys can recognize issues of jurisdiction and address them in our clients’ interests.