Van Etten v. Niagara Mohawk Power Corp.

Appellate Division of the Supreme Court of New York

Van Etten v. Niagara Mohawk Power Corp.

1 A.D.2d 724, 147 N.Y.S.2d 111, 1955 N.Y. App. Div. LEXIS 3745

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

DecidedDecember 23, 1955

StatusPublished

This text of 1 A.D.2d 724 (Van Etten v. Niagara Mohawk Power Corp.) 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

Van Etten v. Niagara Mohawk Power Corp., 1 A.D.2d 724, 147 N.Y.S.2d 111, 1955 N.Y. App. Div. LEXIS 3745 (N.Y. Ct. App. 1955).

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Opinion

Appeal by plaintiffs from an order of the Supreme Court, entered in St. Lawrence County on March 12, 1955, granting defendant’s motion to change the place of trial from St. Lawrence County to Jefferson County on the grounds that the convenience of witnesses and the ends of justice would be promoted by such change. The actions are in negligence and arise out of an automobile accident which occurred in Jefferson County. Defendant’s moving papers set forth the names of five witnesses residing in Jefferson County, and adequately, though generally, indicate the materiality of their testimony. Plaintiffs give the names of no witnesses residing in St. Lawrence County. Three of defendant’s witnesses are its employees, but this “is not a ground to disregard their convenience entirely.” (Seeley v. New York Tel. Co., 278 App. Div. 613). Since a preponderance of witnesses reside in Jefferson County and the accident happened there, it was a proper exercise of discretion to grant the motion. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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Appeal by plaintiffs from an order of the Supreme Court, entered in St. Lawrence County on March 12, 1955, granting defendant’s motion to change the place of trial from St. Lawrence County to Jefferson County on the grounds that the convenience of witnesses and the ends of justice would be promoted by such change. The actions are in negligence and arise out of an automobile accident which occurred in Jefferson County. Defendant’s moving papers set forth the names of five witnesses residing in Jefferson County, and adequately, though generally, indicate the materiality of their testimony. Plaintiffs give the names of no witnesses residing in St. Lawrence County. Three of defendant’s witnesses are its employees, but this “is not a ground to disregard their convenience entirely.” (Seeley v. New York Tel. Co., 278 App. Div. 613). Since a preponderance of witnesses reside in Jefferson County and the accident happened there, it was a proper exercise of discretion to grant the motion. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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Bluebook (online)

1 A.D.2d 724, 147 N.Y.S.2d 111, 1955 N.Y. App. Div. LEXIS 3745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-etten-v-niagara-mohawk-power-corp-nyappdiv-1955.

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