Nearing v. Gersch

The appellants, who are defendants in two actions and plaintiffs in a third, appeal from an order which (1) granted the motion of respondents, as defendants in the third action, for joint trial of the three actions in Sullivan County, where actions 1 and 2 were commenced; and (2) denied appellants’ cross motion for trial of the actions in Delaware County, where the automobile accident which gave rise to the litigation occurred, on the ground of convenience of witnesses. An asserted inconvenience is predicated upon a travel distance of from 60 to 70 miles and this suggests that both motions…