Boxer v. Paige

Order of the Supreme Court, New York County, entered August 15, 1977, granting defendants' motion to dismiss the complaint on the ground of forum non con veniens on condition that the defendants accept service in New Jersey and waive any defenses based on the Statute of Limitations, unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, and the motion to dismiss the complaint on the grounds of forum non con veniens is denied. In the case at bar, unlike Vath v Israel (80 Misc 2d 759), cited by Special Term, there is no question that…