Lambert Snyder Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Eugene P. Smith, from an order of . the Supreme Court, made at the New York Special, Term and entefed-in the office of. the clerk of the county of New -York on the 13tli day of January, 1908, denying the defendant’s . motion to .change the place of trial from the county of New. York to .the ' county, of,Suffolk on the ground of .convenience of witnesses. ■
1Opinion of the Court
Per Curiam :
So far as the motion papers disclose, all of the witnesses material to the trial of the action- reside in the county of Suffolk. The cause, of action arose in that county, and it should be tried there. If the plaintiff chose to bring its action for so insignificant a claim in the Supreme Court, it must abide by its ordinary rules respecting the place of trial..... ■
On the papers .presented it was no answer to say that because of facilities for transportation it was as convenient for defendant’s witnesses, to come to the city of New- York as to go from their place of residence to…
2Cited by1 opinion
- Van Fradenburgh v. Home Mut. Fire Ins.Appellate Division of the Supreme Court of the State of New York · 1914