Vitti v. Case

Appellate Division of the Supreme Court of New York

Vitti v. Case

285 A.D. 857, 136 N.Y.S.2d 709, 1955 N.Y. App. Div. LEXIS 5826

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

DecidedJanuary 12, 1955

StatusPublished

Cited by3 cases

This text of 285 A.D. 857 (Vitti v. Case) 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

Vitti v. Case, 285 A.D. 857, 136 N.Y.S.2d 709, 1955 N.Y. App. Div. LEXIS 5826 (N.Y. Ct. App. 1955).

Pincite

Opinion

Order reversed on the facts and as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Eliminating from consideration the convenience of witnesses who are plaintiff’s employees, and his expert witnesses, there is no preponderance of witnesses for either party. Under such circumstances, the controlling factor is that the cause of action arose in Genesee County. (See Gruber v. Alpert, 257 App. Div. 1007, and Wilson v. Winco Estates, 266 App. Div. 795.) All concur. (Appeal from an order of Seneca Special Term, denying defendants’ motion for change of place of trial from Seneca County to Genesee County.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

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

Order reversed on the facts and as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Eliminating from consideration the convenience of witnesses who are plaintiff’s employees, and his expert witnesses, there is no preponderance of witnesses for either party. Under such circumstances, the controlling factor is that the cause of action arose in Genesee County. (See Gruber v. Alpert, 257 App. Div. 1007, and Wilson v. Winco Estates, 266 App. Div. 795.) All concur. (Appeal from an order of Seneca Special Term, denying defendants’ motion for change of place of trial from Seneca County to Genesee County.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

285 A.D. 857, 136 N.Y.S.2d 709, 1955 N.Y. App. Div. LEXIS 5826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitti-v-case-nyappdiv-1955.

Opinion

Related

Cite This Page — Counsel Stack