McCort v. Avis Rent-A-Car System, Inc.

Appellate Division of the Supreme Court of New York

McCort v. Avis Rent-A-Car System, Inc.

54 A.D.2d 976, 388 N.Y.S.2d 1019, 1976 N.Y. App. Div. LEXIS 14916

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

DecidedNovember 29, 1976

StatusPublished

This text of 54 A.D.2d 976 (McCort v. Avis Rent-A-Car System, Inc.) 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

McCort v. Avis Rent-A-Car System, Inc., 54 A.D.2d 976, 388 N.Y.S.2d 1019, 1976 N.Y. App. Div. LEXIS 14916 (N.Y. Ct. App. 1976).

Pincite

Opinion

an action to recover damages for personal injuries arising out of an automobile accident in Germany, defendant Avis Rent-A-Car System, Inc., appeals from an order of the Supreme Court, Nassau County, dated January 23, 1976, which granted plaintiff’s motion to reargue and, upon reargument, denied its motion to dismiss the action on the ground of forum non conveniens. Order affirmed, with $50 costs and disbursements. The discretion of the Special Term was properly exercised. Upon the argument of this appeal, as at Special Term, appellant stated that, if this action were relegated to the courts of California, where plaintiff’s claim is time-barred, it would not waive pleading the Statute of Limitations defense, which is available to it under the laws of California. Cohalan, Acting P. J., Rabin, Shapiro and O’Connor, JJ., concur.

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an action to recover damages for personal injuries arising out of an automobile accident in Germany, defendant Avis Rent-A-Car System, Inc., appeals from an order of the Supreme Court, Nassau County, dated January 23, 1976, which granted plaintiff’s motion to reargue and, upon reargument, denied its motion to dismiss the action on the ground of forum non conveniens. Order affirmed, with $50 costs and disbursements. The discretion of the Special Term was properly exercised. Upon the argument of this appeal, as at Special Term, appellant stated that, if this action were relegated to the courts of California, where plaintiff’s claim is time-barred, it would not waive pleading the Statute of Limitations defense, which is available to it under the laws of California. Cohalan, Acting P. J., Rabin, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

54 A.D.2d 976, 388 N.Y.S.2d 1019, 1976 N.Y. App. Div. LEXIS 14916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccort-v-avis-rent-a-car-system-inc-nyappdiv-1976.