Legal Opinion

Bernstein v. McKane

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

Decided March 25, 1957PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for injuries to person and property, the appeal is from an order denying appellant’s motion to change the place of trial from Kings County to Cayuga County, where the accident occurred. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. The moving affidavits sufficiently establish that the testimony of two presumably disinterested witnesses, *765residents of Cayuga County, would be material and necessary to the defense of the action. In opposition, respondents claim that the convenience of their witnesses requires that the action…

2Cases cited3 opinions

  1. Kramer v. Harder Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1926
  2. Mencke v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1924
  3. Kalteux v. C. P. Ward, Inc.Appellate Division of the Supreme Court of the State of New York · 1953

3Cited by5 opinions

  1. Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
  2. Wecht v. Glen Distributors Co.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Cola-Rugg Enterprises, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Brunner v. JoubertAppellate Division of the Supreme Court of the State of New York · 1986
  5. Thomas v. SmallAppellate Division of the Supreme Court of the State of New York · 1986

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