Smith v. Converse

Appellate Division of the Supreme Court of New York

Smith v. Converse

78 N.Y.S. 1137

Appellate Division of the Supreme Court of the State of New York·Decided October 17, 1902·Published

Opinion

No opinion.

PER CURIAM.

This order should be reversed, on the ground that the affidavit read in opposition to the motion is not sufficient, under the settled rules of practice relating to this class of motions, to show that the opposing party really has a larger number of material and necessary witnesses in Kings county. The order should be reversed, with $10 costs and disbursements, and the motion granted, changing the place of trial, with costs to the defendant to abide the event.

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No opinion.

PER CURIAM.

This order should be reversed, on the ground that the affidavit read in opposition to the motion is not sufficient, under the settled rules of practice relating to this class of motions, to show that the opposing party really has a larger number of material and necessary witnesses in Kings county. The order should be reversed, with $10 costs and disbursements, and the motion granted, changing the place of trial, with costs to the defendant to abide the event.

Smith v. Converse, 78 N.Y.S. 1137 (N.Y. Ct. App. 1902).

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