Daley v. Hellman
New York Supreme Court
Appeal from special term, Queens county. Action by Michael T. Daley against Theodore Hellman and Emil Corbbacli to recover treble damages, under Code Civil Proc. §§ 1900. 1901, for the vexatious continuance of an action without consent of the plaintiff therein.
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Appeal from special term, Queens county. Action by Michael T. Daley against Theodore Hellman and Emil Corbbacli to recover treble damages, under Code Civil Proc. §§ 1900. 1901, for the vexatious continuance of an action without consent of the plaintiff therein. Defendants moved that the place of trial be changed from the county of Queens, in which the action was brought, to the county of New York, where the cause of action arose, and where defendants and all but one of their witnesses resided, and the papers in such former action were filed. The motion was denied, and defendants appeal.
1Opinion of the Court
Dykman. J.
This is an appeal from an order denying a motion to change the place of trial from the county of Queens to the county of Hew York for the convenience of witnesses. As a general rule, motions to change the place of trial from any of the counties in the second judicial district to Hew York are denied, because such change not only fails to subserve the convenience of witnesses, but imposes great inconvenience upon parties. In this particular case the order was fully justified by the affidavits, and the convenience of both witnesses and parties will be promoted by a trial at Long Island…
2Cited by7 opinions
- Navratil v. BohmAppellate Division of the Supreme Court of the State of New York · 1898
- 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
- McCready v. HaightAppellate Division of the Supreme Court of the State of New York · 1897
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