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WENTZEL v. ALLEN MACHINERY, INC.

277 A.D.2d 446 (2000)

716 N.Y.S.2d 699

ERNST V. WENTZEL, Respondent, v. ALLEN MACHINERY, INC., et al., Appellants.

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

Decided November 27, 2000.

Ordered that the order is reversed, with costs, in the exercise of discretion, the motion is granted, and the complaint is dismissed on condition that within 30 days after service upon them of a copy of this decision and order with notice of entry the defendants stipulate (1) to accept service of process in a new action upon the same causes of action as those asserted in the instant complaint in the States of California or Oregon...

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