On April 11, 2023, the First Department issued a decision in Cortland St. Recovery Corp. v. Bonderman, 2023 NY Slip Op. 01862, holding that New York was not an inconvenient forum even though most of the events at issue took place overseas, explaining:
The court providently exercised its discretion in declining to dismiss the complaint on forum non conveniens grounds, as defendants failed to satisfy their heavy burden of establishing that plaintiff’s selection of New York as the forum to litigate this action is not in the interest of substantial justice. Even if the majority of the underlying activities occurred abroad, defendants cannot show that New York has no, or only an insubstantial, nexus to the action, given that it has long been litigated in New York and has resulted in a New York judgment. Defendants also failed to identify any hardship to the parties or to Supreme Court that would arise from further litigation of the action in New York.
(Internal quotations and citations omitted).