Mills v. Sparrow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John I. Sparrow and another, trading as Sparrow & Smith, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Orange on the 9tn day of November, 1908, denying the defendants’ motion to change the place of trial of the action.
1Opinion of the Court
Hirschberg, P. J.:
The action is based upon an alleged breach of contract of hiring, but the pleadings are not among the papers on appeal. The plaintiff is a resident of Orange county and the defendants of Hew York county. . The contract was made in the latter county. The action is brought in Orange comity, and the appeal is from an order denying the defendants’ motion to change the place of trial to the county of Hew York on the ground of' convenience of witnesses.-
In denying the motion the learned justice at Special Term followed the practice settled in this department for more than a…
2Cases cited2 opinions
- Tuthill v. Long Island RailroadNew York Supreme Court · 1894
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by14 opinions
- Slavin v. WhispellAppellate Division of the Supreme Court of the State of New York · 1958
- Lun Far Co. v. Aylesbury AssociatesAppellate Division of the Supreme Court of the State of New York · 1972
- Hotel New Yorker Pharmacy, Inc. v. New Yorker Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Fickling v. CarterAppellate Division of the Supreme Court of the State of New York · 1982
- Bank of New York v. RodgersAppellate Division of the Supreme Court of the State of New York · 1972
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