May 3, 1994 Appeal from the Supreme Court, New York County (Myriam J. Altman, J.). Generally, "'unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed'" (Waterways Ltd. v. Barclays Bank, 174 A.D.2d 324, 327, quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508). In this case, contrary to the IAS Court, we find that defendants did not meet their heavy burden of demonstrating that plaintiffs' selection of New York as the forum for the within
2878, 2878A. Decided March 16, 2004. Plaintiffs appeal from an order of the Supreme Court, New York County (Richard Lowe, III, J.), entered on or about August 6, 2002, which granted defendants' motion to dismiss the action on the ground of forum non conveniens, and from an order, same court and Justice, entered November 25, 2002, which, to the extent appealable, denied plaintiffs' motion to renew. Stephanie E. Kupferman, of counsel (Theodore R. Kupferman, Edward K. Lenci and P. Jay Wilker, on the
March 21, 1995 Appeal from the Supreme Court, New York County (Leland DeGrasse, J.). Defendant failed to meet the heavy burden of demonstrating that plaintiff's selection of New York is not in the interest of substantial justice (CPLR 327; Anagnostou v. Stifel, 204 A.D.2d 61, citing Banco Ambrosiano v. Artoc Bank Trust, 62 N.Y.2d 65, 74). Neither the fact that plaintiff is a Japanese corporation, whose witnesses may speak Japanese, nor the potential necessity of applying Japanese law, renders New