MacArthur Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
i Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 13th day of November, 1917, denying-its motion to change the place of trial from the county of Ulster to the county of. New York and granting the plaintiffs’ motion to retain the venue in Ulster county.
1Per curiam
Upon the case made by the defendant’s moving papers it was entitled to an order changing the place of trial to the county of New York. (Greater N. Y. Charter, § 262.) The plaintiffs attempted to meet the motion by a counter-motion to retain the trial in Ulster county, on the ground of convenience of witnesses.. There is nothing in the affidavits filed by either party showing what the issue is, and it is conceded that no answer has been served. The plaintiffs’ affidavits allege that certain witnesses are necessary as to certain subjects. The defendant’s counter-affidavits allege that certain…
2Cited by3 opinions
- Behrman v. Pioneer Pearl Button Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Merrill v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
- Alper v. Ithaca Railway, Inc.Appellate Division of the Supreme Court of the State of New York · 1939