Order reversed on the law and as a matter of discretion, without costs of this appeal to either party, and motion granted, without costs.
Memorandum:
The defendant moved at Special Term to vacate the service of the summons and complaint and to dismiss the action on the ground that the cause of action accrued without the State of New York and by reason of nonresidence of the parties. The action is to recover for wrongful death and conscious pain and suffering...
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