Linman v. Lynch

Appellate Division of the Supreme Court of New York

Linman v. Lynch

282 A.D. 848, 124 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 5171

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

DecidedSeptember 30, 1953

StatusPublished

This text of 282 A.D. 848 (Linman v. Lynch) 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

Linman v. Lynch, 282 A.D. 848, 124 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 5171 (N.Y. Ct. App. 1953).

Pincite

Opinion

Appeal from an order of the Supreme Court, Essex County Special Term, which denied defendant’s motion to change the place of trial from Essex County to Washington County. The action is one of negligence and the accident out of which it arose happened in Washington County. Both parties are nonresidents of the State. Apparently the order appealed from was made on the theory that plaintiff might be prejudiced if the place of trial was changed to Washington County because of another action pending there against the defendant. This appears to us to be wholly speculative and not sufficient to justify the order. The action is a transitory one and apparently the convenience of such witnesses as there are in this State will be better served in Washington County. Order reversed, on the law and facts, with $10 costs, and the motion granted, without costs. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Appeal from an order of the Supreme Court, Essex County Special Term, which denied defendant’s motion to change the place of trial from Essex County to Washington County. The action is one of negligence and the accident out of which it arose happened in Washington County. Both parties are nonresidents of the State. Apparently the order appealed from was made on the theory that plaintiff might be prejudiced if the place of trial was changed to Washington County because of another action pending there against the defendant. This appears to us to be wholly speculative and not sufficient to justify the order. The action is a transitory one and apparently the convenience of such witnesses as there are in this State will be better served in Washington County. Order reversed, on the law and facts, with $10 costs, and the motion granted, without costs. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Bluebook (online)

282 A.D. 848, 124 N.Y.S.2d 293, 1953 N.Y. App. Div. LEXIS 5171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linman-v-lynch-nyappdiv-1953.