Silver v. Great American Insurance

Chief Judge Fuld.

We have previously held that “ [o]ur courts are bound to try an action for a foreign tort when either the plaintiff or the defendant is a resident of this State ” and that it is only when such an action is brought by one nonresident against another that “ our courts may refuse to take cognizance of the controversy ’ ’ on the ground of forum non conveniens, (de la Bouillerie v. de Vienne, 300 N. Y. 60, 62; see Crashley v. Press Pub. Co., 179 N. Y. 27; Gregonis v. Philadelphia & Reading Coal & Iron Co., 235 N. Y. 152.) The defendant in the case before us asks us to reconsider…