Myers v. Village of Lansingburgh
New York Supreme Court
Appeal from special term, Albany county. Action by Lizzie Myers against the Village of Lansingburgh for personal injuries alleged to have been sustained by plaintiff by falling on a sidewalk in defendant village. Defendant moved to change the place of trial for convenience of witnesses. The motion was granted, and plaintiff appeals.
1Opinion of the CourtLandon, J.
Upon the merits the order appealed from appears to be right. The moving affidavit does not show how the affiant was able to state that the several persons named as necessary witnesses could testify as set forth in the affidavit, and the appellant insists that under Kelly v. Maltham, 2 Wkly. Dig. 173, this omission is a fatal defect. The rule intimated in the case cited is more stringent than we usually exact. Carpenter v. Insurance Co., 31 Hun, 78. The requisite formalities as specified in the case last cited, including an affidavit of merits, being observed, the main test of such motions is,…
Also in this document: Concurrence.
2Cited by3 opinions
- Bell v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1896
- Gilbert v. Shortsville Cart Co.New York Supreme Court · 1891
- Smith v. MackNew York Supreme Court · 1893