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VARKONYI v. S. A. EMPRESA DE VIACAO AIREA RIO GRANDENSE (VARIG)

35 A.D.2d 943 (1970)

Livia Varkonyi, Individually and as Parent of Laszlo Varkonyi and Another, Infants, Respondent, v. S. A. Empresa De Viacao Airea Rio Grandense (Varig), et al., Appellants, et al., Defendants

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

December 17, 1970

Defendants' conduct in regard to the action begun in Florida, among other factors, constitutes special circumstances warranting retention of jurisdiction.

Capozzoli, J., concurs in the following memorandum:

I concur in the reinstatement of the order of Special Term and the acceptance of jurisdiction of the actions on the ground that, irrespective of the defendants' conduct in regard to the Florida action, the existence of special circumstances...

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