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DE CEDENO v. AROSA MERCANTILE

91 Misc.2d 577 (1977)

Josefa G. De Cedeno, Individually and on Behalf of Two Infants, and as Next of Kin of Celio M. C. Rodriguez, Deceased, Plaintiff, v. Arosa Mercantile, S. A., et al., Defendants.

Supreme Court, Special Term, New York County.

September 28, 1977

Attorney(s) appearing for the Case

Kirlin Campbell & Keating (Daniel J. Dougherty of counsel), for Arosa Mercantile, S. A., defendant. Daniel J. Coughlin and Aita Jogi for A. Johnson & Co., Inc., defendant. Haight, Gardner, Poor & Havens (Kenneth L. Geller of counsel), for Farovi Shipping Corp., defendant. McHugh, Heckman, Smith & Leonard (Maurice F. Beshlian of counsel), for Czarnikow Rionda Sugars, Inc., and another, defendants. Poles, Tublin, Patestides & Stratakis (John J. Devine, Jr., of counsel), for Peralta Shipping Corp., defendant. Kenneth Heller for plaintiff.

BENTLEY KASSAL, J.

Defendants move, pursuant to CPLR 327, for an order dismissing the complaint on the ground that this court is not a convenient and appropriate forum.

In opposition, plaintiff argues: (1) New York "is the only [jurisdiction] in which all the necessary parties can be brought before the court and in which justice can properly be rendered"; and (2) this motion is premature since plaintiff...

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