44 A.D.2d 543 | N.Y. App. Div. | 1974
Order, Supreme Court, New York County, entered August 20, 1973, denying defendant’s motion to dismiss the action for lack of jurisdiction and on the ground of forum non conveniens, reversed, on the law and in the exercise of discretion, with $60 costs and disbursements of this appeal to appellant, and said motion granted in the interest of substantial justice (CPLR 327), upon condition that defendant (“Indag”) serves notice upon plaintiff, within 20 days after the service upon it by plaintiff of a copy of the order to be settled hereon, with notice of entry, that it will accept service of process in Switzerland and appear in any action commenced therein by plaintiffs for the same relief demanded in the complaint herein and that in any action so commenced it will not plead (and thereby waives) the Statute