Aetna Ins Co v. Creole Petroleum Corp
| Decision Date | 27 November 1968 |
| Citation | 296 N.Y.S.2d 363,23 N.Y.2d 717 |
| Parties | , 244 N.E.2d 56 AETNA INSURANCE COMPANY, Appellant, v. CREOLE PETROLEUM CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The Supreme Court, Appellate Division, First Department, 27 A.D.2d 518, 275 N.Y.S.2d 274. Doman, Dunn & Zuckerman, New York City (James F. Dunn, Leon H. Doman, New York City, on the brief), for plaintiff-appellant.
Plaintiff, an insurance company organized in Connecticut, brought action in New York to recover from defendant, a Delaware corporation, for damage to an oil pipeline in Venezuela owned by the plaintiff's insured and subrogor.
The Supreme Court, Special Term, New York County, Samuel M. Gold, J., entered an order denying a motion to dismiss the complaint on the ground of forum non conveniens.
The Appellate Division entered a judgment December 20, 1966, 27 A.D.2d 518, 275 N.Y.S.2d 274 on December 16, 1966, which reversed on the law, on the facts, and in the exercise of discretion, the order of the Special Term, granted motion, and dismissed the complaint on condition that, within 10 days after entry of the order, the defendant should stipulate to consent to jurisdiction of the courts of Venezuela, to accept service of process in Venezuela and appear in an action to be commenced in Venezuela courts for the same relief, and that in any action commenced in Venezuela it would not challenge plaintiff's capacity to sue in the Venezuela courts, and that it would not plead the statute of limitations, and that, in event of dismissal of any action instituted in Venezuela on any grounds other than those mentioned under exceptions contained in CPLR § 205, the plaintiff could reinstitute suit in New York courts within six-month period of limitations, and that if defendant failed to comply with the condition, the order should be affirmed.
The plaintiff appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, and the defendant made a motion to dismiss the appeal.
The Court of Appeals, 19 N.Y.2d 682, 278 N.Y.S.2d 872, 225 N.E.2d 561, denied the motion.
Judgment affirmed, with costs.
All concur.
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