General
Lambert Snyder Company, Respondent, v. Eugene P. Smith, Appellant
124 A.D. 412·New York Supreme Court, Appellate Division·1908·NY
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Opinion
Lambert Snyder Company, Respondent, v. Eugene P. Smith, Appellant.
First Department,
February 21, 1908.
Practice — change of venue — convenience of witnesses — facilities of travel immaterial.
'It is no answer to a motion to change the place of trial for the convenience of witnesses to say that because of facilities for transportation it is as convenient ■ for the majority of witnesses to come to New York Where the venue is laid as , to go to the county seat of their residence.
. Appeal by the defendant, Eugene P. Smith, from an order of . the Supreme Court, made at the New York Special, Term and entefed-in the office of. the clerk of the county of New -York on the 13tli day of January, 1908, denying the defendant’s . motion to .change the place of trial from the county of New. York to .the ' county, of,Suffolk on the ground of .convenience of witnesses. ■
Frederick O. Fay, for the appellant.'
Julius F. Tobias, for the respondent.
[MAJORITY — Per Curiam :]
Per Curiam :
So far as the motion papers disclose, all of the witnesses material to the trial of the action- reside in the county of Suffolk. The cause, of action arose in that county, and it should be tried there. If the plaintiff chose to bring its action for so insignificant a claim in the Supreme Court, it must abide by its ordinary rules respecting the place of trial..... ■
On the papers .presented it was no answer to say that because of facilities for transportation it was as convenient for defendant’s witnesses, to come to the city of New- York as to go from their place of residence to the county seat of Suffolk county.
The order should be reversed, with ten dollars costs and disbursements, and the motion to change the place of trial from the county of New York to the county of Suffolk for the convenience of witnesses should be granted, with ten dollars costs.
. Present — Patterson, P. J., Ingraham, Laughlin, Clarke and Houghton, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, wfith ten dollars costs.