Roberts v. Lansing
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Lansing, from an order of the ■Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of November, 1900, denying the defendant’s motion to change the place of trial of. the action from the county of New York to the county of Albany for the convenience of witnesses.
1Opinion of the Court
Ingraham, J. :
We think this motion should have been granted. The action is brought to recover for services rendered by an attorney and counselor at law. The services were rendered in an action or proceeding pending in the Supreme Court in Rensselaer county. The court below denied the motion upon a stipulation contained in an affidavit of counsel for the plaintiff, who was the plaintiff’s assignor, that copies of such records as would be needed on the trial, and the affidavits of some of the witnesses would be received upon the trial of the action. But it is quite unfair that the parties…
2Cited by2 opinions
- Harrison v. HolahanAppellate Division of the Supreme Court of the State of New York · 1907
- Larocque v. ConhaimNew York Supreme Court · 1904