Weinberg v. Youngs Gap Hotel

Appellate Division of the Supreme Court of New York

Weinberg v. Youngs Gap Hotel

24 A.D.2d 762, 263 N.Y.S.2d 690

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

DecidedOctober 11, 1965

StatusPublished

This text of 24 A.D.2d 762 (Weinberg v. Youngs Gap Hotel) 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

Weinberg v. Youngs Gap Hotel, 24 A.D.2d 762, 263 N.Y.S.2d 690 (N.Y. Ct. App. 1965).

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Opinion

In an action to recover damages for personal injury and for wrongful death, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, entered February 8, 1965, as denied their motion for a change of venue from Kings County to Sullivan County for the convenience of material witnesses. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion to change the venue from Kings County to Sullivan County granted. Under all the circumstances, it was an improvident exercise of discretion for the Special Term to deny the motion to change the venue from Kings County to Sullivan County (Colburn v. Brown, 23 A D 2d 574; Gerber v. B. C. R. Hotel Corp., 10 A D 2d 956; Slavin v. Whispell, 5 A D 2d 296). Nor do we find that the motion for change of venue was barred by laches. It was timely made. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In an action to recover damages for personal injury and for wrongful death, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, entered February 8, 1965, as denied their motion for a change of venue from Kings County to Sullivan County for the convenience of material witnesses. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion to change the venue from Kings County to Sullivan County granted. Under all the circumstances, it was an improvident exercise of discretion for the Special Term to deny the motion to change the venue from Kings County to Sullivan County (Colburn v. Brown, 23 A D 2d 574; Gerber v. B. C. R. Hotel Corp., 10 A D 2d 956; Slavin v. Whispell, 5 A D 2d 296). Nor do we find that the motion for change of venue was barred by laches. It was timely made. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

24 A.D.2d 762, 263 N.Y.S.2d 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinberg-v-youngs-gap-hotel-nyappdiv-1965.