Weidenfeld v. McClure
Appellate Division of the Supreme Court of the State of New York
Action by Camille Weidenfeld against William McClure. Herbert R. Limburger (Edward Lauterbaeh and Henry L. Schenerman, on the brief), for appellant. Lewis Cass Ledyard, for respondent.
1Dissent
JENKS, J. (dissenting).
I dissent. This is an appeal from an order changing venue from Nassau county to New York county on a motion based on the convenience of witnesses and the promotion of justice. In Sparks v. United Traction Co., 66 App. Div. 205, 206, 73 N. Y. Supp. 109, the court, per Adams, P. J., said: “The determination of a motion to change the place of trial on the ground of the convenience of witnesses often resolves itself into the exercise of the discretionary power of the Special Term, and, when thus exercised, it should not be disturbed by an appellate tribunal, unless it is…
2Cases cited18 opinions
- Jacobs v. DavisAppellate Division of the Supreme Court of the State of New York · 1901
- Streety v. WoodNew York Supreme Court · 1853
- Tuthill v. Long Island RailroadNew York Supreme Court · 1894
- Daley v. HellmanNew York Supreme Court · 1891
- Navratil v. BohmAppellate Division of the Supreme Court of the State of New York · 1898
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