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Cives Corporation v. William Corbitt, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1978
63 A.D.2d 825 (N.Y. App. Div. 1978)

Opinion

May 19, 1978

Appeal from the Onondaga Supreme Court.

Present — Marsh, P.J., Moule, Simons, Hancock, Jr., and Witmer, JJ.


Order unanimously affirmed, with costs. Memorandum: Defendant, a New Jersey corporation, appeals from a denial of its motion to dismiss pursuant to CPLR 327 upon the ground of forum non conveniens. The action is for loss of part of a shipment of steel products being transported for hire by defendant from Winchester, Virginia, to Mineral, Virginia. Although plaintiff, a corporation engaged in furnishing fabricated structural steel, was incorporated in Delaware, its principal place of business and its officers are located in Onondaga County, New York. Under the circumstances we cannot say that Special Term abused its discretion in denying the motion. "Plaintiff's choice of forum should not be disturbed unless there are compelling reasons to do so. (Olympic Corp. v Societe Generale, 462 F.2d 376, 378.) 'Inconvenient forum' does not provide a ticket out of town for every foreign corporation." (Traub v Robertson-Amer. Corp., 82 Misc.2d 222, 231-232; Silver v Great Amer. Ins. Co., 29 N.Y.2d 356. )


Summaries of

Cives Corporation v. William Corbitt, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1978
63 A.D.2d 825 (N.Y. App. Div. 1978)
Case details for

Cives Corporation v. William Corbitt, Inc.

Case Details

Full title:CIVES CORPORATION, Respondent, v. WILLIAM CORBITT, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 19, 1978

Citations

63 A.D.2d 825 (N.Y. App. Div. 1978)

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