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NEUMEIER v. KUEHNER

43 A.D.2d 109 (1973)

Joan Neumeier, as Administratrix of The Estate of Aime Neumeier, Deceased, Respondent, v. Irene Kuehner, as Administratrix of The Estate of Arthur Kuehner, Deceased, Appellant, et al., Defendant

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

December 6, 1973.

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Frank G. Godson of counsel), for appellant.

Ohlin, Damon, Morey, Sawyer & Moot (James N. Schmit and James S. McAskill of counsel), for respondent.

MARSH, WITMER, CARDAMONE and HENRY, JJ., concur.

DEL VECCHIO, J. P.

This is an appeal by defendant Kuehner from an order of Special Term which granted plaintiff's motion for leave to serve an amended complaint and denied a cross motion by Kuehner for dismissal. The only argument urged on this appeal is the contention that Special Term erred in declining to dismiss the action on the ground of forum non conveniens.

The following facts are undisputed...

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