WILD V. PENN
J&G attorney Jason C. Scott, Esq. successfully defended the dismissal of an action alleging veterinary malpractice and violation of consumer protection laws against his client, a Pennsylvania university and veterinary hospital, before the Appellate Division, Second Department. The Appellate Division affirmed the Supreme Court’s dismissal of the plaintiff’s claims on the basis of forum non conveniens, finding that the case would be more conveniently adjudicated in Pennsylvania. The appellate court found that the trial court properly weighed all the factors, including the residency of the parties, the potential hardship to proposed witnesses, the availability of the alternative forum, the situs of the underlying actionable events, the location of evidence, and the burden that retaining the case would put upon New York courts. The Appellate Division concluded that all the factors militated in favor of dismissing the New York action, in favor of bringing the action in Pennsylvania, where the underlying conduct allegedly occurred, conditioned upon the defendant waiving certain jurisdictional defenses in that forum.