Taurus, Inc. v. Boeck Fuel Co.

38 A.D.2d 702, 328 N.Y.S.2d 366, 1972 N.Y. App. Div. LEXIS 5468

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 31, 1972
• Status: Published

Opinion

Order, Supreme Court, New York County, entered August 11, 1971, unanimously reversed, in the exercise of discretion and by reason of forum non conveniens, without costs and without disbursements; the motion to vacate the attachment and dismiss the complaint granted; and' the complaint dismissed. This cause of action for property damage arose in Wisconsin, wherein both plaintiff-respondent’s assignor and defendants-appellants are domiciled. Retention of jurisdiction in New York could be justified only on the basis that plaintiff assignee is a New York corporation. The factor of residence alone, however, no longer controls (see Silver v. Great Amer. Ins. Co., 29 N Y 2d 356), and no reason appears here why our courts should be burdened with this piece of imported litigation. Concur — Markewich, J. P., Murphy, McNally, Tilzer and Capozzoli, JJ.