Cohn v. Rosenberg

258 A.D. 771, 14 N.Y.S.2d 739, 1939 N.Y. App. Div. LEXIS 6816

Opinion

Defendant has appealed from an order of the Albany Special Term of the Supreme Court, denying his motion for a change of venue from the county of Albany to the county of Fulton, for the convenience of witnesses. The action is to recover damages claimed to have been sustained as a result of false representations upon which the plaintiff’s agent relied in purchasing defendant’s shares of stock in a corporation. The Special Term found that the convenience of material witnesses would not be aided by a change, nor would the ends of justice be promoted thereby. Order affirmed, with ten dollars costs and disbursements. Crapser, Bliss, Heffernan and Foster, JJ., concur; Hill, P. J., dissents, upon the ground that the alleged cause of action arose in Fulton county and that each of the witnesses resides there.