Bauer v. Claridge At Park Place, Inc.

— Order, Supreme Court, New York County (William Davis, J.), entered October 3, 1991, which, upon plaintiffs’ failure to appear, marked their motion to strike defendants’ affirmative defense of improper service off-calendar, and granted defendants’ cross-motion dismissing the complaint on the basis of forum non conveniens, unanimously reversed, on the law and in the exercise of discretion, the complaint reinstated and plaintiffs’ motion restored to the calendar, with costs.

This is a personal injury action to recover damages for injuries allegedly sustained by plaintiff Ann R. Bauer on August…