Opinion
May 29, 1997
Appeal from Supreme Court, New York County (Helen Freedman, J.).
The task of determining whether an action should be dismissed based on forum non conveniens (CPLR 372) is committed to the sound discretion of the motion court. Limiting our review to the facts and circumstances of the present case, under this standard we find no improvident exercise of discretion ( Yoshida Print. Co Aiba, 213 A.D.2d 275). We have considered defendant's remaining arguments and find them to be without merit.
Motion denied insofar as it seeks leave to appeal to the Court of Appeals; insofar as reargument is sought, the motion is granted and thereupon this Court's unpublished decision and order entered on March 6, 1997 (Appeal No. 60209) is recalled and vacated and a new decision and order substituted therefor, decided simultaneoulsy herewith.
Concur — Sullivan, J.P., Rosenberger, Tom and Andrias, JJ.