Starr v. Berry

The opinion of the court was delivered by

Weintraub, C. J.

The Chancery Division of the Superior Court dismissed the complaint under the doctrine of forum non conveniens. Plaintiffs appealed to the Appellate Division and we certified the pending appeal on our own motion. Also before us is a motion to dismiss the appeal on the ground that plaintiffs accepted the benefits of the judgment they attack.

I

We first will consider the motion to dismiss the appeal. The judgment provided in part that if plaintiffs should institute an action in California within 90 days from the date thereof, defendants…