Deutsch v. E. M. Upton Cold Storage Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, the E. M. Upton Cold Storage Company, from an order of the Supreme Court, made at the Orange Special Term and entered, in the office .of the clerk of the county of Orange on the 2rfch day of March, 1911.
1Opinion of the Court
Rich, J.:
This appeal is from an order of the Special Term denying a motion to change the place of trial of the action from Orange county to Monroe county, for the convenience of witnesses, and to promote the ends of justice. The action is to. recover damages for the alleged negligence of the defendant in storing a quantity of celery in its cold storage warehouse. The answer *589denies negligence and alleges that at the time the celery was delivered to the defendant for storage it was frozen and in poor condition; that when it was redelivered to the plaintiff it was in as good condition as when…
2Cases cited1 opinion
- Pinkus v. United Cloak & Suit Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Buffalo Wholesale Hardware Co. v. HodgeboomNew York Supreme Court · 1915
- Cole v. Rochelle Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1913
- Van Fradenburgh v. Home Mut. Fire Ins.Appellate Division of the Supreme Court of the State of New York · 1914