Opinion
March 20, 1950.
In an action to recover damages for personal injuries suffered because of defendant's alleged negligence, defendant appeals from an order denying its motion for the court to decline jurisdiction of the action, and to dismiss the complaint, on the ground that plaintiff was in this country illegally at the time of the happening of the accident. Order affirmed, with $10 costs and disbursements. ( Feldman v. Murray, 259 App. Div. 708, affd. 285 N.Y. 568; Martinez v. Fox Valley Bus Lines, 17 F. Supp. 576; Janusis v. Long, 284 Mass. 403.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 1093.]