Hird v. General Motors Corp.

Appellate Division of the Supreme Court of New York

Hird v. General Motors Corp.

37 A.D.2d 951, 325 N.Y.S.2d 980, 1971 N.Y. App. Div. LEXIS 2954

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1971·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County, entered June 2, 1971, denying defendant’s motion for a change of venue, [952]*952unanimously reversed, on the law and as a matter of discretion, and the motion granted, without costs and without disbursements. Plaintiffs are residents of Nassau County, as is the codefendant. All witnesses and records are in that county. In this situation it is an abuse of discretion to deny an application to have the case tried in the county where the cause of action originated (Slavin v. Whispell, 5 A D 2d 296). Concur—Stevens, P. J., Capozzoli, McGrivern, Nunez and Steuer, JJ.

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Order, Supreme Court, New York County, entered June 2, 1971, denying defendant’s motion for a change of venue, [952]*952unanimously reversed, on the law and as a matter of discretion, and the motion granted, without costs and without disbursements. Plaintiffs are residents of Nassau County, as is the codefendant. All witnesses and records are in that county. In this situation it is an abuse of discretion to deny an application to have the case tried in the county where the cause of action originated (Slavin v. Whispell, 5 A D 2d 296). Concur—Stevens, P. J., Capozzoli, McGrivern, Nunez and Steuer, JJ.

Hird v. General Motors Corp., 37 A.D.2d 951, 325 N.Y.S.2d 980, 1971 N.Y. App. Div. LEXIS 2954 (N.Y. Ct. App. 1971).

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Opinion

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