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Warner v. Heimerl Trucking Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 1950
276 App. Div. 1052 (N.Y. App. Div. 1950)

Opinion

March 15, 1950.

Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.


Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and defendants' motion to change the place of trial from Onondaga County to Genesee County granted, without costs. Memorandum: While plaintiff resides in Onondaga County, the convenience of witnesses will be best served by changing the place of trial to Genesee County where the accident occurred and the majority of witnesses reside. (See Jones v. Marchese, 274 App. Div. 1089; Levine v. Steele, 271 App. Div. 863, and Sumberg v. Artistic Furniture Co. of Detroit, Mich., 247 App. Div. 862.) All concur. (The order appealed from denies defendants' motion to change the place of trial from Onondaga County to Genesee County.)


Summaries of

Warner v. Heimerl Trucking Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 1950
276 App. Div. 1052 (N.Y. App. Div. 1950)
Case details for

Warner v. Heimerl Trucking Corporation

Case Details

Full title:EDWARD C. WARNER, Respondent, v. HEIMERL TRUCKING CORPORATION et al.…

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

Date published: Mar 15, 1950

Citations

276 App. Div. 1052 (N.Y. App. Div. 1950)

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