Foley v. Phelps

Defendants have appealed from an order of the Albany Special Term of the Supreme Court, denying their motion to change the place of trial of the action from the county of Albany to the county of Niagara. The action is brought to recover damages for personal injuries sustained by plaintiff in the hotel of appellants in Niagara Falls while she was a guest. Defendants assert that they have nine material witnesses residing in Niagara county where the accident happened. Plaintiff is a woman more than eighty-three years of age. According to the affidavit of her physician it would seriously impair…