Saranac Truck Rental, Inc. v. Davis White Co.

Order of June 24, 1960, unanimously reversed, with $25 costs and disbursements, and motion denied, with $10 costs. Appeal from order entered August 15, 1960, dismissed as academic. Memorandum: The moving papers do not disclose sufficient basis for the exercise of the court’s discretion to change the place of trial from Erie County to New York County. The action arose out of an automobile accident which occurred in New York County. It was properly brought in Erie County, that being the county in which plaintiff resides. The convenience of plaintiff’s witnesses will be promoted by a trial in…