Westwood Associates v. Deluxe General, Incorporated

• Decision Date: 20 December 1979
• Parties: WESTWOOD ASSOCIATES et al., Plaintiffs-Respondents, v. DELUXE GENERAL, INCORPORATED, Defendant-Appellant, Falmouth Productions, Inc., et al., Additional Defendants on Counterclaims.
• Court: New York Supreme Court — Appellate Division

Page 1014

422 N.Y.S.2d 1014

73 A.D.2d 572

WESTWOOD ASSOCIATES et al., Plaintiffs-Respondents, v. DELUXE GENERAL, INCORPORATED, Defendant-Appellant,

Falmouth Productions, Inc., et al., Additional Defendants on

Counterclaims.

Supreme Court of New York, Appellate Division,

First Department.

Dec. 20, 1979.

E. London, New York City, for plaintiffs-respondents.

M. B. Soyster, New York City, for defendant-appellant.

Order, Supreme Court, New York County (Dontzin, J.), entered March 15, 1979, reversed, in the exercise of discretion, and the motion of defendant-appellant for dismissal on the ground of forum non conveniens granted, with costs, on condition that, within twenty days after service of the order entered hereon, defendant-appellant shall stipulate to the acceptance of service of process in an action in the state of California seeking the same relief as in the instant action and shall waive any defense in the state of California based on limitation of time; if not so stipulated, the order appealed from is affirmed with costs. The subject transaction took place in California, which is the place of performance, and that forum is available for adjudication of the case; the witnesses and pertinent documents are also there, and another case involving the same relationships and some of the same parties is currently pending there. All concur.

KUPFERMAN, J. P., and BIRNS, FEIN, MARKEWICH and LUPIANO, JJ., concur.