Merrill v. City of New York

Appeal from an order of the Supreme Court at Special Term in Broome County which denied defendant's motion under section 182-b of the Civil Practice Act to change from Broome County to New York County the place of trial of an action to recover for personal injuries allegedly sustained by plaintiff while a passenger upon defendant city’s ferryboat. Defendant had an absolute right *1005to the transfer (Levine v. City of Port Jervis, 15 Misc 2d 574, affd. 11 A D 2d 1016) unless plaintiff sufficiently demonstrated, upon her cross motion, that the convenience of material witnesses would he promoted by…