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Humphries v. Gilbert

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1918
183 App. Div. 947 (N.Y. App. Div. 1918)

Opinion

April, 1918.


Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, changing the place of trial from Richmond county to New York county. The plaintiff, a resident of Richmond county, sues on a cause of action for malpractice, assigned to him by a resident of New Jersey. The cause of action arose in New York county, where defendant resides. The convenience of witnesses will be promoted in some small degree by changing the place of trial to New York county, for no witness resides in Richmond county. Under these circumstances the controlling consideration is that the cause of action arose in New York county. (Rule 48, General Rules of Practice.) Jenks, P.J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.


Summaries of

Humphries v. Gilbert

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1918
183 App. Div. 947 (N.Y. App. Div. 1918)
Case details for

Humphries v. Gilbert

Case Details

Full title:MICHAEL F. HUMPHRIES, Respondent, v. ABRAHAM S. GILBERT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1918

Citations

183 App. Div. 947 (N.Y. App. Div. 1918)