Silver v. Great American Insurance

Appellate Division of the Supreme Court of New York

Silver v. Great American Insurance

38 A.D.2d 932, 330 N.Y.S.2d 156, 1972 N.Y. App. Div. LEXIS 5067

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

DecidedMarch 27, 1972

StatusPublished

This text of 38 A.D.2d 932 (Silver v. Great American Insurance) 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

Silver v. Great American Insurance, 38 A.D.2d 932, 330 N.Y.S.2d 156, 1972 N.Y. App. Div. LEXIS 5067 (N.Y. Ct. App. 1972).

Pincite

Opinion

On remand from the Court of Appeals, order, Supreme Court, New York County entered December 5, 1969, unanimously reversed, on the law, and in the exercise of discretion, without costs and without disbursements, and defendant-appellant’s motion to dismiss the complaint by reason of forum non conveniens granted. Heretofore (35 A D 2d 317) we affirmed on constraint of prior decisions of the Court of Appeals, but inviting reconsideration by that court of the long-standing rule that venue here was dictated by the circumstance, regardless of all other factors, that defendant is a New York corporation. The Court of Appeals (29 N Y 2d 356) has responded by abrogation of that rule, remitting here (p. 363) to determine “ whether, in the exercise of * * * sound discretion,” the case should remain in New York. It should not. The reasons therefor are the same ones set forth in our prior decision (35 A D 2d 317), and they require no further elaboration here. Concur — McGivern, J. F., Markewich, Steuer and Tilzer, JJ.

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On remand from the Court of Appeals, order, Supreme Court, New York County entered December 5, 1969, unanimously reversed, on the law, and in the exercise of discretion, without costs and without disbursements, and defendant-appellant’s motion to dismiss the complaint by reason of forum non conveniens granted. Heretofore (35 A D 2d 317) we affirmed on constraint of prior decisions of the Court of Appeals, but inviting reconsideration by that court of the long-standing rule that venue here was dictated by the circumstance, regardless of all other factors, that defendant is a New York corporation. The Court of Appeals (29 N Y 2d 356) has responded by abrogation of that rule, remitting here (p. 363) to determine “ whether, in the exercise of * * * sound discretion,” the case should remain in New York. It should not. The reasons therefor are the same ones set forth in our prior decision (35 A D 2d 317), and they require no further elaboration here. Concur — McGivern, J. F., Markewich, Steuer and Tilzer, JJ.

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Bluebook (online)

38 A.D.2d 932, 330 N.Y.S.2d 156, 1972 N.Y. App. Div. LEXIS 5067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-great-american-insurance-nyappdiv-1972.