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McKeeby v. Baer

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1940
260 App. Div. 826 (N.Y. App. Div. 1940)

Opinion

September 18, 1940.

Appeal from Supreme Court, Fulton county.



The order was made upon the ground that the convenience of witnesses will be served and the ends of justice promoted by the change. Each of the actions arose out of the same accident. The order has ample support on the record, and was justified particularly to promote the ends of justice. The fact that a previous order had been made changing the venue of one action from Broome county to Fulton county did not deprive the Special Term of power to act. The situation involving three actions was materially different. Order affirmed, with ten dollars costs. Hill, P.J., Crapser, Bliss and Foster, JJ., concur; Heffernan, J., dissents on the ground that the Special Term had no authority to grant the order. [See ante, p. 813.]


Summaries of

McKeeby v. Baer

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1940
260 App. Div. 826 (N.Y. App. Div. 1940)
Case details for

McKeeby v. Baer

Case Details

Full title:FRANK R. McKEEBY, Respondent, v. MAX BAER, ANCIL HOFFMAN, ROBERT OSBORNE…

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

Date published: Sep 18, 1940

Citations

260 App. Div. 826 (N.Y. App. Div. 1940)

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