Evans v. Town of Gardiner

Appellate Division of the Supreme Court of New York

Evans v. Town of Gardiner

238 A.D. 868

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

DecidedMarch 15, 1933

StatusPublished

This text of 238 A.D. 868 (Evans v. Town of Gardiner) 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

Evans v. Town of Gardiner, 238 A.D. 868 (N.Y. Ct. App. 1933).

Pincite

Opinion

Order changing venue from Orange county to Ulster county reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The fact that a majority of the alleged [869]*869witnesses of the defendants living in Gardiner are nearer to the place of trial in Orange county than to the place of trial in Ulster county is not denied. Likewise, the fact that three other witnesses in Wallkill also live a great deal nearer to the place of trial in Orange county is not denied. Hence the convenience of more than two-thirds of the alleged fifteen witnesses will be more greatly subserved by having the trial in the county which the plaintiff, because of his residence, selected as of right. The convenience of five employees of one of the defendants, included in the list of fifteen, may not be considered. Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur.

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Order changing venue from Orange county to Ulster county reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The fact that a majority of the alleged [869]*869witnesses of the defendants living in Gardiner are nearer to the place of trial in Orange county than to the place of trial in Ulster county is not denied. Likewise, the fact that three other witnesses in Wallkill also live a great deal nearer to the place of trial in Orange county is not denied. Hence the convenience of more than two-thirds of the alleged fifteen witnesses will be more greatly subserved by having the trial in the county which the plaintiff, because of his residence, selected as of right. The convenience of five employees of one of the defendants, included in the list of fifteen, may not be considered. Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur.

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Bluebook (online)

238 A.D. 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-town-of-gardiner-nyappdiv-1933.