Broderick v. Mesa
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hannibal J. de Mesa, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Dutchess on the 23d day of April, 1917, denying a motion to change the place of trial from Dutchess county to New York county for the convenience of witnesses and to promote the ends of justice.
1Opinion of the Court
Blackmar, J.:
As neither of the parties is a resident of the State, the plaintiff designated the county of Dutchess as the place of trial pursuant to section 984 of the Code of Civil Procedure. No witness resides or has a place for the transaction of his business in that county. The attorneys for both parties have their offices in the city of New York. Most of the transactions which form the subject of the action took place in New York county. Six witnesses either live or have an office for the regular transaction of business in New York county. Upon a showing of these facts defendant moved to…
2Cases cited5 opinions
- Tuthill v. Long Island RailroadNew York Supreme Court · 1894
- Daley v. HellmanNew York Supreme Court · 1891
- Navratil v. BohmAppellate Division of the Supreme Court of the State of New York · 1898
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Brink v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Veeldorano v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Spelman v. Westinghouse, Church, Kerr & Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Dolan v. Mohn & Hunter Co.Appellate Division of the Supreme Court of the State of New York · 1930