COTUGNO v. UNION PAC. R. R. CO.


12 Misc.2d 235 (1958)

Frank Cotugno, Plaintiff, v. Union Pacific Railroad Co., et al., Defendants.

Supreme Court, Special Term, Queens County.

June 24, 1958.


Attorney(s) appearing for the Case

Dennis P. Donovan for Union Pacific Railroad Co., defendant appearing specially.

Bernard Paige for plaintiff.


WILLIAM B. GROAT, J.

Motion by defendant Union Pacific Railroad Co. for an order dismissing the action and vacating the service of the summons and complaint on the grounds (1) that this court does not have jurisdiction over the subject matter in that assumption of jurisdiction would impose an undue burden on interstate commerce and (2) that this court is a forum non conveniens.

The action is brought to recover damages for injuries sustained...

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