Winters v. General Tire & Rubber Co.

Order entered on May 23, 1960, denying motion to dismiss the complaint, unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellants, and motion to dismiss complaint granted, with $10 costs, on conditions hereinafter set forth. It is settled that “ the convenience of the court, not that of the litigants, and practical considerations are the essential ingredients for the acceptance or the rejection of actions not otherwise mandated.” (Williams v. Seaboard Air Line R. R. Co., 9 A D 2d 268, 269.) Where, as here, the action is by a nonresident involving a…