Foley v. Phelps

Appellate Division of the Supreme Court of New York

Foley v. Phelps

257 A.D. 896, 12 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 8315

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

DecidedMay 24, 1939

StatusPublished

Cited by6 cases

This text of 257 A.D. 896 (Foley v. Phelps) 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

Foley v. Phelps, 257 A.D. 896, 12 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 8315 (N.Y. Ct. App. 1939).

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Opinion

Defendants have appealed from an order of the Albany Special Term of the Supreme Court, denying their motion to change the place of trial of the action from the county of Albany to the county of Niagara. The action is brought to recover damages for personal injuries sustained by plaintiff in the hotel of appellants in Niagara Falls while she was a guest. Defendants assert that they have nine material witnesses residing in Niagara county where the accident happened. Plaintiff is a woman more than eighty-three years of age. According to the affidavit of her physician it would seriously impair plaintiff’s health to travel from Albany to Niagara county for the purpose of trial. Order [897]*897affirmed, with ten dollars costs and disbursements. All concur, except Hill, P. J., who dissents upon the ground that the cause of action arose in Niagara county; all of the witnesses reside there; the plaintiff’s evidence could be taken by deposition if her health will not permit a trip; but it is unfair to the defendants to require them to cross the State to defend this action.

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Defendants have appealed from an order of the Albany Special Term of the Supreme Court, denying their motion to change the place of trial of the action from the county of Albany to the county of Niagara. The action is brought to recover damages for personal injuries sustained by plaintiff in the hotel of appellants in Niagara Falls while she was a guest. Defendants assert that they have nine material witnesses residing in Niagara county where the accident happened. Plaintiff is a woman more than eighty-three years of age. According to the affidavit of her physician it would seriously impair plaintiff’s health to travel from Albany to Niagara county for the purpose of trial. Order [897]*897affirmed, with ten dollars costs and disbursements. All concur, except Hill, P. J., who dissents upon the ground that the cause of action arose in Niagara county; all of the witnesses reside there; the plaintiff’s evidence could be taken by deposition if her health will not permit a trip; but it is unfair to the defendants to require them to cross the State to defend this action.

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Bluebook (online)

257 A.D. 896, 12 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 8315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-phelps-nyappdiv-1939.

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