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Sannazzari v. Pan Amer. World Airlines

Court of Appeals of the State of New York
Oct 8, 1974
319 N.E.2d 707 (N.Y. 1974)

Opinion

Argued September 9, 1974

Decided October 8, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.

William F. O'Connor and John R. Camillo for appellant.

Joseph D. Ahearn for respondents.


MEMORANDUM. The order of the Appellate Division, granting defendants' motion to dismiss on the ground of forum non conveniens should be affirmed. In Silver v. Great Amer. Ins. Co. ( 29 N.Y.2d 356, 361) we stated that forum non conveniens is an equitable doctrine the application of which "should turn on considerations of justice, fairness and convenience". The Appellate Division by considering all of the pertinent factors affecting the convenience of our courts as well as that of the parties and the availability of an alternative forum properly exercised its discretion. (See, e.g., Varkonyi v. Varig, 22 N.Y.2d 333, 338; Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508; 1 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 327.02.)

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER concur.

Designated pursuant to section 2 of article VI of the State Constitution.

Order affirmed, with costs, in a memorandum.


Summaries of

Sannazzari v. Pan Amer. World Airlines

Court of Appeals of the State of New York
Oct 8, 1974
319 N.E.2d 707 (N.Y. 1974)
Case details for

Sannazzari v. Pan Amer. World Airlines

Case Details

Full title:EMILIA M. SANNAZZARI, Appellant, v. PAN AMERICAN WORLD AIRLINES, INC. et…

Court:Court of Appeals of the State of New York

Date published: Oct 8, 1974

Citations

319 N.E.2d 707 (N.Y. 1974)
319 N.E.2d 707
361 N.Y.S.2d 345

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