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

Appellate Division of the Supreme Court of the State of New York·Decided November 29, 1976·Published

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.

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

54 A.D.2d 976 (McCort v. Avis Rent-A-Car System, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.