Brink v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, The Home Insurance Company of the city of New York, from an order of the" Supreme Court, made at the Kings County Special Term and. entered in the office of the clerk of the ■ county of Westchester on the 6th day of February, 1896, denying its motion to change the place of trial from Westchester county to New York county, made upon the ground of the convenience of witnesses.
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Appeal by the. defendant, The Home Insurance Company of the city of New York, from an order of the" Supreme Court, made at the Kings County Special Term and. entered in the office of the clerk of the ■ county of Westchester on the 6th day of February, 1896, denying its motion to change the place of trial from Westchester county to New York county, made upon the ground of the convenience of witnesses. Order affirmed, with ten dollars costs and disbursements, for the reasons assigned by the judge at Special Term. All concurred.
1Opinion of the Court
The opinion of the judge at Special Term was as follows:
Gaynor, J.:. It is the rule not to change the venue for the convenience of witnesses from any of the adjacent counties to New York county.
The county seat of Westchester county is convenient to New York city. This case is not so exceptional as to cause a departure from the rule. The long distances in the country, which necessitate changes of venue, do not exist hereabouts. It cannot be said to be any grave inconvenience to go a distance which takes only an hour or less.
The strong tone of the brief submitted is quite unnecessary. It stands…
2Cited by4 opinions
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Broderick v. MesaAppellate Division of the Supreme Court of the State of New York · 1917
- Larocque v. ConhaimNew York Supreme Court · 1904