Briasco v. Lawrence
New York Supreme Court
Appeal from special term, Westchester county. Hosanna Briasco sued Joseph B. Lawrence in Kings county in an action of slander. Lawrence, before serving his answer, filed an affidavit for change of venue, alleging that he was a resident of Westchester county; that his mother, who was infirm, was unable to attend court in Kings county; and that he had other witnesses residing in Westchester county whom it would greatly inconvenience to attend court in Kings county.
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Appeal from special term, Westchester county. Hosanna Briasco sued Joseph B. Lawrence in Kings county in an action of slander. Lawrence, before serving his answer, filed an affidavit for change of venue, alleging that he was a resident of Westchester county; that his mother, who was infirm, was unable to attend court in Kings county; and that he had other witnesses residing in Westchester county whom it would greatly inconvenience to attend court in Kings county. A change of venue was granted, and plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
There are two reasons why this order should not be granted. The action is one for oral slander, and it does not appear by the papers that the plaintiff is not a resident of the county of Kings, which is designated as the place of trial in the complaint. The place of trial would be proper in a county in which one of the parties resided when the action was commenced. Code, §§ 982-984. The affidavits seem to point to the convenience of the witnesses as the reason for the proposed change. One material witness is named living in Westchester county, and it is stated that “at least five other…
2Cited by1 opinion
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