Lambiris v. Neptune Maritime Co.
| Decision Date | 09 December 1971 |
| Parties | , 1972 A.M.C. 106 Fotios Stephanos LAMBIRIS, an infant by his father and natural guardian, George Lambiris, individually, Plaintiffs-Respondents, v. NEPTUNE MARITIME CO., Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
H. Lebovici, New York City, for plaintiffs-respondents.
W. M. Kimball, New York City, for defendant-appellant.
Before NUNEZ, J.P., and KUPFERMAN, McNALLY, TILZER and EAGER, JJ.
Order, Supreme Court, New York County, entered April 12, 1971, denying defendant's motion to dismiss the complaint on the ground of Forum non conveniens is unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, and the motion is granted and the complaint dismissed, on condition that within ten days after service of a copy of the order to be entered hereon, defendant stipulates to accept service of process in either Greece or Switzerland (to be determined at the election of plaintiff) and to appear in an action to be commenced in either of those countries for the same relief demanded in the complaint herein, that in any action commenced in either Greece or Switzerland it will not challenge plaintiff's capacity to sue, that it will not plead the Statute of Limitations as a defense in any such action brought in either Switzerland or Greece but will waive it and that, in the event of a dismissal of any such action instituted in the aforesaid countries other than those mentioned under the exceptions contained in CPLR 205, the plaintiff may re-institute suit in the courts of this State within the six-month period of limitations contained in that section. In the event of defendant's failure to comply with the foregoing conditions, the order is affirmed, without costs and without disbursements. The action in either Switzerland or Greece is to be instituted within three months after service of a copy of the order to be entered hereon and compliance with the conditions imposed.
]It is the general policy of the courts of this state, in the absence of special circumstances, to reject actions between non-residents founded on tort, where the cause of action arises outside the state.' (Aetna Insurance Co. v. Creole Petroleum Corp., 27 A.D.2d 518, 275 N.Y.S.2d 274, 275, aff'd 23 N.Y.2d 717, 296 N.Y.S.2d 363, 244 N.E.2d 56; see also Mayflower Restaurant Enterprises v. Gulf Am.Corp., 36 A.D.2d 941, 321 N.Y.S.2d 490; Jones v. United States Lines, 36 A.D.2d 601, 318 N.Y.S.2d 557; Gilchrist v. Trans-Canada Airlines, 27 A.D.2d 524, 275 N.Y.S.2d 394; Ginsburg v. Hearst Pub. Co., 5 A.D.2d 200, 170 N.Y.S.2d 691, aff'd 5...
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...528, 326 N.Y.S.2d 868, Appeal dismissed (1972), 30 N.Y.2d 772, 333 N.Y.S.2d 430, 284 N.E.2d 582; Lambiris v. Neptune Maritime Co. (1971), 38 App.Div.2d 528, 326 N.Y.S.2d 862; Hernandez v. Cali, Inc. (1969), 32 App.Div. 192, 301 N.Y.S.2d 397, Aff'd mem. (1968), 27 N.Y.2d 903, 317 N.Y.S.2d 62......
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