Kalfus v. Anderson

Cohn, J. (dissenting).

The claim that the prosecution of an action imposes an undue burden on interstate commerce must be seasonably asserted. In this case defendants appeared generally and served and filed an answer containing a general denial and three affirmative defenses. Before moving to dismiss the action upon the ground that its prosecution in New York would impose an undue burden on interstate commerce, defendants litigated plaintiffs’ suit practically up to the eve of trial. Plaintiffs are residents of the city of New York and the suit is one over which the Municipal Court has…