Hirsch v. Hirsch

Appellate Division of the Supreme Court of New York

Hirsch v. Hirsch

49 A.D.2d 721, 374 N.Y.S.2d 300, 1975 N.Y. App. Div. LEXIS 10653

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 1975

StatusPublished

This text of 49 A.D.2d 721 (Hirsch v. Hirsch) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hirsch v. Hirsch, 49 A.D.2d 721, 374 N.Y.S.2d 300, 1975 N.Y. App. Div. LEXIS 10653 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order, Supreme Court, New York County, entered January 8, 1975, granting defendant’s motion to dismiss the complaint on the ground of forum non conveniens, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Considering the entire background of this litigation, including the facts that "the very acts which form the basis of [plaintiff’s] claims in this action”, occurred within the State of Florida, that there is a related action already pending in Florida, as well as the parties’ nexus to the State of Florida, we conclude that New York is an inconvenient forum for trial of this action and that the dispute should more appropriately be litigated in the State of Florida. Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Nunez, JJ.

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Order, Supreme Court, New York County, entered January 8, 1975, granting defendant’s motion to dismiss the complaint on the ground of forum non conveniens, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Considering the entire background of this litigation, including the facts that "the very acts which form the basis of [plaintiff’s] claims in this action”, occurred within the State of Florida, that there is a related action already pending in Florida, as well as the parties’ nexus to the State of Florida, we conclude that New York is an inconvenient forum for trial of this action and that the dispute should more appropriately be litigated in the State of Florida. Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Nunez, JJ.

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Bluebook (online)

49 A.D.2d 721, 374 N.Y.S.2d 300, 1975 N.Y. App. Div. LEXIS 10653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirsch-v-hirsch-nyappdiv-1975.