Filho v Borges
2020 NY Slip Op 05284 [187 AD3d 406]
October 1, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1]
 Alceu Antimo Vezozzo Filho et al., Appellants,
v
Raquel Moura Borges et al., Respondents.

Curtis, Mallet-Prevost, Colt & Mosle LLP, New York (Julia B. Mosse of counsel), for appellants.

Cleary Gottlieb Steen & Hamilton LLP, New York (Lina Bensman of counsel), for respondents.

Orders, Supreme Court, New York County (Joel M. Cohen, J.), entered April 26, 2019, which granted defendants' motions to dismiss the action on the ground of forum non conveniens, unanimously affirmed, with costs.

The court properly balanced the forum non conveniens factors set forth in Islamic Republic of Iran v Pahlavi (62 NY2d 474, 479 [1984], cert denied 469 US 1108 [1985]), including the nonresidency of all but one of the parties, and the allegations concerning the location of the events giving rise to the action and of the potential witnesses and documents, which center largely in Brazil, and correctly found that the balance of factors supports the conclusion that defendants met their heavy burden of establishing that New York is an inconvenient forum lacking a substantial nexus with the action (see Rodionov v Redfern, 173 AD3d 410 [1st Dept 2019]; Matter of Alla v American Univ. of Antigua, Coll. of Medicine, 106 AD3d 570 [1st Dept 2013]). Concur—Gische, J.P., Oing, Singh, Mendez, JJ. [Prior Case History: 2019 NY Slip Op 31192(U).]