Opinion
May 11, 1971
Order, Supreme Court, New York County, entered on October 1, 1970, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, and the motion to dismiss granted, and appellant shall recover of respondent $30 costs and disbursements of this appeal, on condition that within 10 days after entry of the order hereon defendant stipulates to accept service of process or appear in any action brought against it in the appropriate Maryland court for the same relief sought in the complaint herein, and that the defendant will not plead the Statute of Limitations as a defense in such action but will waive it. In this action for damages for personal injuries, plaintiff resides in Maryland, the injury complained of occurred in that State, defendant is a Delaware corporation with its principal office in California, and none of the events involved have any real contact or relationship with New York. It is concluded that, in the absence of good reason or compelling circumstance, which do not appear here, it was an improvident exercise of discretion to deny the motion ( Ginsberg v. Hearst Pub. Co., 5 A.D.2d 200, affd. 5 N.Y.2d 894). The mere fact that defendant is authorized to do business here, standing alone, does not warrant adding to the responsibilities of our already overburdened courts.
Concur — Stevens, P.J., Capozzoli, Nunez, Kupferman and Steuer, JJ.