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ACKERT v. AUSMAN

29 Misc.2d 974 (1961)

Harold C. Ackert, as Trustee of Laura B. Smith, Plaintiff, v. Evan L. Ausman et al., Defendants.

Supreme Court, Special Term, New York County.

May 23, 1961

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl (Taggart Whipple, Philip C. Potter, Jr., Roland W. Donnem of counsel), for Investors Mutual, Inc., defendant appearing specially. Donovan Leisure Newton & Irvine (George S. Leisure, Jr., Walter L. Stratton and Benjamin Vinar of counsel), for Investors Diversified Services, Inc., defendant. Rosenthal & Gurkin (Pomerantz Levy & Haudek, Abraham L. Pomerantz, William E. Haudek and Irving Bizar of counsel), for plaintiff.

BIRDIE AMSTERDAM, J.

The defendant, Investors Diversified Services, Inc. (hereinafter called "IDS"), moves to dismiss this action on the ground of forum non conveniens or, in the alternative, to stay the action pending the determination of a companion suit pending in the United States District Court for the Southern District of New York, or, in the alternative, to compel the plaintiff to add Investors...

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