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FUSS v. FRENCH NAT'L R. R.

35 Misc.2d 680 (1962)

Rene Fuss, Plaintiff, v. French National Railroads, Defendant.

Supreme Court, Special Term, New York County.

July 9, 1962

Attorney(s) appearing for the Case

Goldstein, Judd & Gurfein (Henry B. Hyde, Edward A. Bernstein, Morton I. Hamburg and Murray I. Gurfein of counsel), for defendant. Phillips, Nizer, Benjamin, Krim & Ballon (Louis Nizer and Theodore H. Friedman of counsel), for plaintiff.

JACOB MARKOWITZ, J.

The issues presented on this motion to dismiss the complaint are two: (1) May a court of this State entertain jurisdiction in a tort action by a New York resident against the French National Railroads, the cause of action having arisen in France; and (2) Is a court of this State bound by a provision of French law restricting the venue in which such an action may be brought to France.

The plaintiff, a naturalized citizen and...

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