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SIMON v. SILFEN

247 F.Supp. 762 (1965)

Bernice SIMON (a/k/a Bernice Fastenberg Simon and Bernice Brendza), Individually and as Trustee under a Trust Indenture dated June 18, 1957, Plaintiff, v. Shirley SILFEN (a/k/a Shirley Fastenberg and Shirley Fastenberg Silfen), Individually and as Trustee under a Trust Indenture dated June 14, 1957; and First National City Bank, Defendants.

United States District Court S. D. New York.

November 29, 1965.

Attorney(s) appearing for the Case

Goldwater & Flynn, New York City, for plaintiff; James L. Goldwater and Landis Olesker, New York City, of counsel.

Newman & Newman, New York City, for defendant Silfen; Ira H. Newman, New York City, and Dennis H. Lewitas, Brooklyn, N. Y., of counsel.

METZNER, District Judge:

Defendant moves to dismiss plaintiff's complaint on the ground that this federal court is an inconvenient forum for plaintiff's action.

The basis of defendant's motion requires some discussion. On June 14, 1957, plaintiff executed a trust under which she transferred property to the defendant as trustee. On June 18, 1957, defendant executed a trust naming plaintiff as trustee. Since approximately...

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