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Linman v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 1953
282 App. Div. 848 (N.Y. App. Div. 1953)

Opinion

September 30, 1953.

Appeal from Supreme Court, Essex County.


The action is one of negligence and the accident out of which it arose happened in Washington County. Both parties are nonresidents of the State. Apparently the order appealed from was made on the theory that plaintiff might be prejudiced if the place of trial was changed to Washington County because of another action pending there against the defendant. This appears to us to be wholly speculative and not sufficient to justify the order. The action is a transitory one and apparently the convenience of such witnesses as there are in this State will be better served in Washington County. Order reversed, on the law and facts, with $10 costs, and the motion granted, without costs. Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ., concur.


Summaries of

Linman v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 1953
282 App. Div. 848 (N.Y. App. Div. 1953)
Case details for

Linman v. Lynch

Case Details

Full title:WAYNE C. LINMAN, Respondent, v. RALPH LYNCH, JR., Appellant

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

Date published: Sep 30, 1953

Citations

282 App. Div. 848 (N.Y. App. Div. 1953)