Frinz v. Sandells

Appellate Division of the Supreme Court of New York

Frinz v. Sandells

7 A.D.2d 854, 182 N.Y.S.2d 345, 1959 N.Y. App. Div. LEXIS 10344

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

DecidedJanuary 12, 1959

StatusPublished

This text of 7 A.D.2d 854 (Frinz v. Sandells) 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

Frinz v. Sandells, 7 A.D.2d 854, 182 N.Y.S.2d 345, 1959 N.Y. App. Div. LEXIS 10344 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order denying appellants’ motion to change the place of trial from Nassau County to Otsego County where the causes of action allegedly arose. The motion was made pursuant to subdivision 3 of section 187 of the Civil Practice Act on the grounds that the convenience of witnesses and the ends of justice would be promoted by such change. Order affirmed, without costs. .No opinion. Nolan, P. J., Hallinan and Kleinfeld, JJ., concur; Murphy and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum: A transitory cause should be tried in the county in which it arose. The accident occurred in Otsego County. The stairway on which it occurred is there available for inspection. The witnesses to its condition live in Otsego County. The aged and infirm appellants are there. Also in Otsego County are the hospital records for the month following the accident and the attending physicians. An immediate trial can be had there.

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In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order denying appellants’ motion to change the place of trial from Nassau County to Otsego County where the causes of action allegedly arose. The motion was made pursuant to subdivision 3 of section 187 of the Civil Practice Act on the grounds that the convenience of witnesses and the ends of justice would be promoted by such change. Order affirmed, without costs. .No opinion. Nolan, P. J., Hallinan and Kleinfeld, JJ., concur; Murphy and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum: A transitory cause should be tried in the county in which it arose. The accident occurred in Otsego County. The stairway on which it occurred is there available for inspection. The witnesses to its condition live in Otsego County. The aged and infirm appellants are there. Also in Otsego County are the hospital records for the month following the accident and the attending physicians. An immediate trial can be had there.

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Bluebook (online)

7 A.D.2d 854, 182 N.Y.S.2d 345, 1959 N.Y. App. Div. LEXIS 10344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frinz-v-sandells-nyappdiv-1959.