KOUTRAS v. LACORAZZA

Ordered that the order is affirmed, with costs.

The burden of establishing that New York is an inconvenient forum rests with the party challenging that forum ( see, Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, cert. denied 469 U.S. 1108; Sarfaty v. Rainbow Helicopters, 221 A.D.2d 618). As a determination of this issue rests within the discretion of the trial court, so long as the court has examined the relevant circumstances, its determination will not be disturbed ( see, Sarfaty v. Rainbow Helicopters, supra, at 619). In the instant action, the defendant has failed to demonstrate that New Jersey is a more appropriate forum than New York ( see, Brodherson v. Ponte Sons, 209 A.D.2d 276).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.