Heaps v. Simon & Schuster Co.

Order, Supreme Court, New York County (Burton Sherman, J.), entered on or about June 29, 1988, which, inter alia, denied defendants-appellants’ motion for summary judgment pursuant to CPLR 3212 and, further, denied their motion for dismissal on grounds of forum non conveniens pursuant to *165CPLR 327, unanimously modified, on the law, the facts, and in the exercise of discretion, to grant the motion to dismiss for forum non conveniens, on condition that defendants stipulate to waive any Statute of Limitations and personal jurisdiction defenses in Canada, and otherwise affirmed, with costs.

Appeal…