Davis v. Sapa

opinion of the court

D. Bruce Crew, III, J.

Defendant moves for an order precluding plaintiff from introducing evidence of intoxication at the trial of this matter and for a further order compelling the oral deposition of plaintiff in Chemung County.

The first prong of the motion is of considerable interest and not the subject of summary disposition. The action was originally commenced in Supreme Court, Kings County, the residence of the administratrix, and was the subject of a successful motion by defendant for change of venue to Chemung County. Defendant asserted, in its motion papers, that…