Legal Opinion

Spelman v. Westinghouse, Church, Kerr & Co.

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

Decided May 15, 1920PublishedCited by 1 opinion

1Opinion of the Court

The rule respecting a change of venue from a rural county to the county of New York is not inflexible. (Broderick v. De Mesa, 178 App. Div. 669.) We are of the opinion that this case is one where the venue should be changed for the convenience of witnesses most of whom, it appears, are residents of the county of New York. The order is, therefore, *919reversed, with ten dollars costs and disbursements, and the motion to change the venue from Dutchess county to New York county is granted, with ten dollars costs. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.

2Cases cited1 opinion

  1. Broderick v. MesaAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by1 opinion

  1. Schwartz v. DeitelbaumAppellate Division of the Supreme Court of the State of New York · 1924