Legal Opinion

Seafir v. Shutts

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1920PublishedCited by 5 opinions

Appeal by the defendant, Floyd J. Shutts, 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 8th day of October, 1919, granting plaintiff’s motion for reargument and upon such reargument rescinding a decision before rendered and denying defendant’s motion for a change of venue.

1Per curiam

The justice at Special Term granted the motion for a change of venue, but on a reargument changed his decision and denied the motion. In our opinion, his first decision was right. While the plaintiff states that he expects to call eighteen witnesses, nine of these'are experts who would give opinion evidence. Such a number of experts are not necessary, and it is doubtful if the court would permit that number to testify. The convenience of experts is not permitted to outweigh that of witnesses to the facts. Four of the remaining witnesses named are firms or corporations, and their places of…

2Cited by5 opinions

  1. Slavin v. WhispellAppellate Division of the Supreme Court of the State of New York · 1958
  2. Cramer v. CohnAppellate Division of the Supreme Court of the State of New York · 1939
  3. Saphir v. KruseNew York Supreme Court · 1957
  4. Efco Products, Inc. v. Long Island Baking, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
  5. Poolet v. StateNew York Court of Claims · 1968

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