Dolan v. Mohn & Hunter Co.

Appellate Division of the Supreme Court of New York

Dolan v. Mohn & Hunter Co.

229 A.D. 342, 242 N.Y.S. 63, 1930 N.Y. App. Div. LEXIS 10378

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1930

StatusPublished

This text of 229 A.D. 342 (Dolan v. Mohn & Hunter Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dolan v. Mohn & Hunter Co., 229 A.D. 342, 242 N.Y.S. 63, 1930 N.Y. App. Div. LEXIS 10378 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

The action is transitory. Defendants reside in Erie county and the accident occurred there. The record shows [343]*343that seven witnesses residing in Erie county will give material testimony on the trial, and that no such witness resides elsewhere than in Erie county. Under such circumstances no preference should be given to a surburban over an urban county as the place of trial.

The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs to abide the event. (Broderick v. De Mesa, 178 App. Div. 669; Pierce v. Moore, 181 id. 885; Moir v. Johnson, 211 id. 427.)

All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs to abide the event.

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