AETNA CAS. & SUR. CO. v. ALGEMENE BANK NEDERLAND


78 A.D.2d 790 (1980)

Aetna Casualty & Surety Company, Respondent, v. Algemene Bank Nederland N. V., Appellant

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

November 6, 1980


Modified, on the law and the facts, to limit the provision with respect to the waiver of the Statute of Limitations only to that period which may have accrued since the date when the action was commenced, with costs and disbursements.

The order entered at Special Term provided for an absolute waiver of the Statute of Limitations. Inasmuch as defendant-appellant's contention as to forum non conveniens was upheld, it is not proper to condition it on a total waiver...

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