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YVETTE FONDA, ETC., plf-res, v. RONALD J. WAPNER, M.D. def-ap

9289. YVETTE FONDA, ETC., plf-res, v. RONALD J. WAPNER, M.D. def-ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Robert S. Deutsch of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 15, 2012, which, in this medical malpractice action seeking damages for wrongful birth, denied defendants' motion to dismiss the complaint on forum non conveniens grounds and declared that Colorado law should be applied at trial, unanimously affirmed, without costs.

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9289. YVETTE FONDA, ETC., plf-res, v. RONALD J. WAPNER, M.D. def-ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Robert S. Deutsch of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 15, 2012, which, in this medical malpractice action seeking damages for wrongful birth, denied defendants’ motion to dismiss the complaint on forum non conveniens grounds and declared that Colorado law should be applied at trial, unanimously affirmed, without costs.

Defendants failed to meet their burden of establishing that New York is an inconvenient forum for this action (see Islamic Republic of Iran v. Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]). The court indicated that it had considered the relevant factors (id. at 479), and there is no basis for disturbing its determination (id.).

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