Griffith v. New York Central Railroad

Order reversed, -without costs of this appeal to either party and motion granted, without costs. Memorandum: Coneededly the defendant’s moving papers io *810not meet the almost indispensable requirement on motions of this character. (Alper v. Ithaca Railway, 258 App. Div. 934; cf., as to proper form of an affidavit on such a motion, 3 Alden on Abbott’s Practice and Forms [3d ed.], p. 2138.) Nevertheless, the situation herein disclosed is unusual. The accident occurred in Jefferson County of which defendant is a resident. Apparently every witness who can give any material and relevant testimony…