Reuben v. Andorsky
New York Supreme Court
Appeal from special term, Tioga county. Action by Robert Reuben against Joseph Andorsky. From an order denying a motion to change the place of trial from Chemung county to Monroe county on the ground of convenience of witnesses defendant appeals.
1Opinion of the CourtHardin, P. J.
Appellant criticises the affidavit of the respondent used upon the motion. The appeal-book does not show that any objection was to the affidavit at the special term. However, we are of the opinion that the criticism is not controlling. We think the affidavit was not fatally defective. We have had occasion to express our views in Gilbert v. Cart Co., 15 N. Y. Supp. 316, (decided at this term, see opinion of Hardin, P. J.,) upon the subject of the criticism made to the affidavit, as well as upon the rule applicable to motions of this character. After a careful examination of the affidavits used…
2Cases cited1 opinion
- Gilbert v. Shortsville Cart Co.New York Supreme Court · 1891