Legal Opinion
De Cedeno v. Mercantile
New York Supreme Court
Decided September 28, 1977Published
1Opinion of the CourtBentley Kassal, J.
Defendants move, pursuant to CPLR 327, for an order dismissing the complaint on the ground that this court is not a convenient and appropriate forum.
In opposition, plaintiff argues: (1) New York "is the only [jurisdiction] in which all the necessary parties can be brought before the court and in which justice can properly be rendered”; and (2) this motion is premature since plaintiff has not had the opportunity to discover facts to defeat dismissal.
There is merit to plaintiff’s contention that this motion is premature, but not for the reasons assigned.
FACTS
This is a wrongful death action on…
2Cases cited7 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Silver v. Great American InsuranceNew York Court of Appeals · 1972
- Varkonyi v. S. A. Empresa De Viacao Airea Rio GrandenseNew York Court of Appeals · 1968
- Martin v. MiethNew York Court of Appeals · 1974
- Wagner v. BraunsbergAppellate Division of the Supreme Court of the State of New York · 1958
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