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CHRISTOVAO v. UNISUL-UNIAO DE COOP. TRANS. DE TOMATE DO SUL DO TEJO

55 A.D.2d 561 (1976)

Joseph Christovao, Appellant, v. Unisul-Uniao De Coop. Trans. De Tomate Do Sul Do Tejo, S.C.R.L., et al., Respondents, and Attorney-General of the State of New York, Intervenor

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

December 21, 1976

Respondents shall recover of appellant $60 costs and disbursements of this appeal.

Lupiano and Birns, JJ., dissent in the following memorandum by Lupiano, J.:

While I concur that dismissal of the complaint would be appropriate on the ground of forum non conveniens (CPLR 327) assuming jurisdiction had been properly obtained, examination of the record mandates the conclusion that the jurisdictional objections of the defendants were waived and that dismissal...

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