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WAGNER v. BRAUNSBERG

5 A.D.2d 564 (1958)

Yvonne R. Wagner, Appellant, v. Joseph Braunsberg, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 29, 1958.

Attorney(s) appearing for the Case

Marvin George Florman of counsel (Werner Galleski with him on the brief; Ernest C. Steefel, attorney), for appellant.

Myron P. Gordon of counsel (Robert T. Snyder with him on the brief), for respondent.

BOTEIN, P. J., RABIN, VALENTE and McNALLY, JJ., concur.

FRANK, J.

This is an appeal from an order dismissing the complaint upon the ground of forum non conveniens.

The complaint alleges, and it is not disputed, that the plaintiff is a resident of the State of New York, and the defendant of London, England. Mr. Braunsberg, the defendant, was served with process while in New York City.

The pleading alleges that Rosie Girvan and Anthony J. Girvan...

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