Scott v. Van Patten

Appellate Division of the Supreme Court of New York

Scott v. Van Patten

278 A.D. 1038, 106 N.Y.S.2d 893, 1951 N.Y. App. Div. LEXIS 5621

Appellate Division of the Supreme Court of the State of New York·Decided September 19, 1951·Published·Cited by 1 cases

Opinion

Appeal from an order of the Supreme Court, Sullivan County Special Term, which consolidated the two above-entitled actions and directed that the same he tried in Sullivan County, and also denied the cross motion of defendant in Action No. 1 to change the place of trial in said action to the County of [1039]*1039Cortland. We think the discretion of the court below was improvidently exercised. Undoubtedly the actions should be consolidated, but the defendant in Action No. 1 has produced overwhelming proof of the convenience of material and necessary witnesses who reside in the County of Cortland. The order is modified by reversing that portion which denied the defendant’s motion in Action No. 1 to change the place of trial from Sullivan County to Cortland County, and such motion is granted. In all other respects the order is affirmed. The defendant in Action No. 1 may have $20 costs on appeal, with disbursements. Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Supreme Court, Sullivan County Special Term, which consolidated the two above-entitled actions and directed that the same he tried in Sullivan County, and also denied the cross motion of defendant in Action No. 1 to change the place of trial in said action to the County of [1039]*1039Cortland. We think the discretion of the court below was improvidently exercised. Undoubtedly the actions should be consolidated, but the defendant in Action No. 1 has produced overwhelming proof of the convenience of material and necessary witnesses who reside in the County of Cortland. The order is modified by reversing that portion which denied the defendant’s motion in Action No. 1 to change the place of trial from Sullivan County to Cortland County, and such motion is granted. In all other respects the order is affirmed. The defendant in Action No. 1 may have $20 costs on appeal, with disbursements. Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ., concur.

Scott v. Van Patten, 278 A.D. 1038, 106 N.Y.S.2d 893, 1951 N.Y. App. Div. LEXIS 5621 (N.Y. Ct. App. 1951).

Pincite

278 A.D. 1038 (Scott v. Van Patten) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related