Alper v. Ithaca Railway, Inc.

Order affirmed, without costs, with leave to the defendant to renew its motion upon proper papers. Memorandum: The complaint is indefinite as to the circumstances of the accident out of which this action arises. All that the *935complaint discloses is that there was a collision between defendant’s bus and a motor car belonging to and driven by the plaintiff Priva Alper. The complaint alleges negligence on the part of the defendant as the sole cause of the accident. The affidavits presented on this motion for change of place of trial from Erie county to Tompkins county, where the accident…