Opinion
June 16, 1955.
Appeal from Supreme Court, Tompkins County.
Present — Foster, P.J., Bergan, Coon, Imrie and Zeller, JJ.
The appeals are also from a resettled order to the same effect. The several causes of action arise out of an automobile collision which occurred on highway Route 17 in Sullivan County, New York. The plaintiffs in Actions 1, 2 and 3 are residents of Tompkins County, New York, and their actions were brought in that county. Apparently the defendants Simke reside in the city of New York, and also the infant plaintiffs in Actions 4, 6, 7 and 8. It is quite apparent that it would be utterly impossible to establish a venue, after consolidating these actions, that would cause no inconvenience to anyone. It does appear however that the case will be reached for trial in Tompkins County a great deal sooner than it could be reached for trial in the city of New York. The plaintiffs in Actions 1, 2 and 3 will have the burden of producing whatever witnesses there are in Sullivan County, and hence the parties who reside in the city of New York will not be prejudiced in any way by that phase of the matter. We think the aims of justice, as far as they can be served in a situation of this kind, will be best served by retaining the venue of the consolidated action in Tompkins County and hence we are not disposed to interfere with the discretion of the Special Term. Orders unanimously affirmed, with one bill of costs in the amount of $10, plus printing disbursements.