Zurlin v. Hotel Levitt, Inc.

Appellate Division of the Supreme Court of New York

Zurlin v. Hotel Levitt, Inc.

5 A.D.2d 945, 172 N.Y.S.2d 427, 1958 N.Y. App. Div. LEXIS 6491

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

DecidedMarch 27, 1958

StatusPublished

Cited by5 cases

This text of 5 A.D.2d 945 (Zurlin v. Hotel Levitt, Inc.) 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

Zurlin v. Hotel Levitt, Inc., 5 A.D.2d 945, 172 N.Y.S.2d 427, 1958 N.Y. App. Div. LEXIS 6491 (N.Y. Ct. App. 1958).

Pincite

Opinion

Plaintiff appeals from an order of the Supreme Court changing the place of trial from Sullivan County to Albany County on the ground that the convenience of witnesses and the ends of justice will be promoted thereby. The action is for false arrest and malicious prosecution. The transactions giving •rise to the alleged cause of action took place in Albany County. It was within the province of the court at Special Term to find that several material witnesses, some law enforcement officials, reside in Albany County. A wide range of discretion should be allowed in determining motions of this nature, and we do not think there was any abuse of this discretion by the court below. Order affirmed, with $10 costs.

Foster, P. J., Bergan, Coon and G-ibson, JJ., concur.

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Plaintiff appeals from an order of the Supreme Court changing the place of trial from Sullivan County to Albany County on the ground that the convenience of witnesses and the ends of justice will be promoted thereby. The action is for false arrest and malicious prosecution. The transactions giving •rise to the alleged cause of action took place in Albany County. It was within the province of the court at Special Term to find that several material witnesses, some law enforcement officials, reside in Albany County. A wide range of discretion should be allowed in determining motions of this nature, and we do not think there was any abuse of this discretion by the court below. Order affirmed, with $10 costs.

Foster, P. J., Bergan, Coon and G-ibson, JJ., concur.

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Bluebook (online)

5 A.D.2d 945, 172 N.Y.S.2d 427, 1958 N.Y. App. Div. LEXIS 6491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zurlin-v-hotel-levitt-inc-nyappdiv-1958.

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