Order entered on August 18, 1961, granting motion to dismiss the complaint herein on the ground of "forum non conveniens", unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellant, and, in the exercise of discretion, the motion denied, with $10 costs.
The power to dismiss a suit between nonresidents "is still a discretionary one (Bata v. Bata [
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