(Download) "Jack S. Burk v. John Sackville-Pickard Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Jack S. Burk v. John Sackville-Pickard Et Al.
- Author : Supreme Court of New York
- Release Date : January 05, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Order, entered May 9, 1967, granting motion to dismiss action on the ground of forum non conveniens conditionally, reversed, on the facts and on the law, with $50 costs and disbursements to plaintiff-appellant, and the motion denied, on the ground that the record establishes that defendants were residents of New York at the time of the commencement of this action. Special Term found that defendants were residents of Pennsylvania. A person, however, may have two different residences in two different States. Residence simply requires bodily presence as an inhabitant in a given place. Since defendants were residents of New York at the commencement of the action, there was no discretion in Special Term to dismiss the action for forum non conveniens. (See Rawstorne v. Maguire, 265 N. Y. 204, 207-208; De la Bouillerie v. De Vienne, 300 N. Y. 60; White v. Boston & Maine R. R., 283 App. Div. 482.) McGivern, J., dissents and votes to affirm in the following memorandum:
 "Jack S. Burk v. John Sackville-Pickard Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}