Carmack v. Woolworth

Appellate Division of the Supreme Court of New York

Carmack v. Woolworth

50 A.D.2d 516, 375 N.Y.S.2d 11, 1975 N.Y. App. Div. LEXIS 12206

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1975·Published

Opinion

— Order, Supreme Court, New York County, entered January 14, [517]*5171975, denying defendant’s motion to dismiss the complaint on all proffered grounds except the claim of lack of personal jurisdiction (which issue was referred to a Special Referee to hear and report), unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. On the record before us, Special Term was justified in refusing to dismiss the complaint on the ground of forum non conveniens; or for failure to join the now adult son of the parties in the action (Schneider v Schneider, 17 NY2d 123; Forman v Forman, 17 NY2d 274.) Concur — Markewich, J. P., Kupferman, Murphy, Lupiano and Nunez, JJ.

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— Order, Supreme Court, New York County, entered January 14, [517]*5171975, denying defendant’s motion to dismiss the complaint on all proffered grounds except the claim of lack of personal jurisdiction (which issue was referred to a Special Referee to hear and report), unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. On the record before us, Special Term was justified in refusing to dismiss the complaint on the ground of forum non conveniens; or for failure to join the now adult son of the parties in the action (Schneider v Schneider, 17 NY2d 123; Forman v Forman, 17 NY2d 274.) Concur — Markewich, J. P., Kupferman, Murphy, Lupiano and Nunez, JJ.

Carmack v. Woolworth, 50 A.D.2d 516, 375 N.Y.S.2d 11, 1975 N.Y. App. Div. LEXIS 12206 (N.Y. Ct. App. 1975).

Pincite

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Opinion

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