じゃあ、しょうがないので、不肖私めが。
The issue is whether the motion based on forum non-convenience should be granted.
CPLR 327 provides that, upon motion of a party, if the court finds that the interests of
justice require an action to be stayed or dismissed so that the action may be heard in
a more appropriate forum in another state, the court may "stay or dismiss the action
in whole or in part on any conditions that may be just". The courts evaluate the following
factors:(1)whether the plaintiff is a state resident (if so, he has a stronger claim to be able
to have his case heard in his home state),(2)whether the witnesses and sources of proof
are more available in a different state or county; and (3)whether the forum's own state
laws will govern the action (transfer is more likely if a different state's law controls). In this case...