Barry v. American Home Assurance Co.

Order of the Supreme Court, New York County entered May 14, 1971, denying motion to dismiss on the ground of forum, non conveniens, reversed on the facts, the law and in the exercise of discretion, without costs and without disbursements, and the motion is granted, defendant having stipulated in its brief to accept the service of process in either Delaware or Pennsylvania. On October 16, 1970, a chartered aircraft crashed near the Greater Wilmington Airport in the State of Delaware. Earlier in the day, the plane had taken off from Teterboro, New Jersey with a single pilot, Rudolph J. Halamka,…